DANY JOE GUEST MARRY TINDLE APPELLANTS AND CYNTHIA MARTIN v. TXU ELECTRIC DELIVERY COMPANY APPELLEE

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Court of Appeals of Texas, Fort Worth.

DANY JOE GUEST, MARRY E. TINDLE, APPELLANTS AND CYNTHIA E. MARTIN v. TXU ELECTRIC DELIVERY COMPANY APPELLEE

NO. 2-09-385-CV

Decided: January 28, 2010

PANEL:  MEIER, LIVINGSTON, and DAUPHINOT, JJ.

MEMORANDUM OPINION1 AND JUDGMENT

On December 29, 2009, we notified appellants that the trial court clerk responsible for preparing the record in this appeal had informed this court that arrangements had not been made to pay for the clerk's record as required by Texas Rule of Appellate Procedure 35.3(a)(2).   See Tex.R.App. P. 35.3(a)(2).   We stated that we would dismiss the appeal for want of prosecution unless appellants, within fifteen days, made arrangements to pay for the clerk's record and provided this court with proof of payment.

Because appellants have not made payment arrangements for the clerk's record, it is the opinion of the court that the appeal should be dismissed for want of prosecution.   Accordingly, we dismiss the appeal.   See Tex.R.App. P. 37.3(b), 42.3(b).

Appellants shall pay all costs of the appeal, for which let execution issue.

FOOTNOTES

FN1. See Tex.R.App. P. 47.4..  FN1. See Tex.R.App. P. 47.4.

PER CURIAM

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