FIDEL ALMENDAREZ v. ROY VALENTINE (2010)

M E M O R A N D U M O P I N I O N

According to information provided to this court, this appeal is from a judgment signed November 11, 2009, and appellant filed a timely motion for new trial.   The notice of appeal was filed January 12, 2010.   The reporter's record was filed March 4, 2010.   The clerk's record has not been filed, however.   The clerk responsible for preparing the record notified this court that appellant had not made payment for the record.   No evidence that appellant has established indigence has been filed.   See Tex.R.App. P. 20.1.

On March 24, 2010, this court notified appellant that the appeal was subject to dismissal unless appellant filed a response with proof of payment for the record.   In response to this court's order, appellant paid the appellate filing fee on April 1, 2010.   No proof of payment for the clerk's record was provided, however.   On April 15, 2010, this court ordered appellant to file the clerk's record in this appeal on or before April 30, 2010, or the court would dismiss the appeal for want of prosecution.   Appellant did not file the clerk's record as ordered.   Instead, on May 10, 2010, appellant submitted a brief.   The brief was received only and not filed because the clerk's record has not been filed.   The court again notified appellant his appeal was subject to dismissal unless he filed the clerk's record on or before May 24, 2010.   See Tex.R.App. P. 37.3(b).  The clerk's record has not been filed.

Accordingly, the appeal is ordered dismissed.

PER CURIAM