                            NUMBER 13-08-00703-CV

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
______________________________________________________________

REYES CONSTRUCTION, INC.,                                                APPELLANT,

                                           v.

PANKAJ (P.K.) PATEL & RRAVIN BHAKTA,             APPELLEES.
_____________________________________________________________

             On Appeal from the 197th District Court
                   of Cameron County, Texas.
______________________________________________________________

                         MEMORANDUM OPINION

                   Before Justices Rodriguez, Garza, and Vela
                       Memorandum Opinion Per Curiam

      Appellant, Reyes Construction, Inc., perfected an appeal from a judgment rendered

against it in favor of appellee, Pankaj (P.K.) Patel & Rravin Bhakta. On January 6, 2009,

the Clerk of this Court notified appellant that the clerk's record in the above cause was

originally due on January 5, 2009, and that the deputy district clerk, Christina Tusa, had
notified this Court that appellant failed to make arrangements for payment of the clerk's

record. The Clerk of this Court notified appellant of this defect so that steps could be taken

to correct the defect, if it could be done. See TEX . R. APP. P. 37.3, 42.3(b),(c). Appellant

was advised that, if the defect was not corrected within ten days from the date of receipt

of this notice, the appeal would be dismissed for want of prosecution.

       Appellant has failed to respond to this Court’s notice. Accordingly, the appeal is

DISMISSED FOR WANT OF PROSECUTION. See TEX . R. APP. P. 42.3(b),(c).



                                                  PER CURIAM

Memorandum Opinion delivered
and filed this the 26th day of February, 2009.




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