                              NUMBER 13-09-00590-CV

                             COURT OF APPEALS

                   THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
______________________________________________________________

ARNOLD ANTHONY MENDEZ,                                                      APPELLANT,

                                             v.

LINDA RENEE MENDEZ ,                               APPELLEE.
_____________________________________________________________

              On Appeal from the 105th District Court
                    of Nueces County, Texas.
______________________________________________________________

                          MEMORANDUM OPINION

           Before Chief Justice Valdez and Justices Yañez and Vela
                      Memorandum Opinion Per Curiam

       Appellant, Arnold Anthony Mendez, perfected an appeal from a judgment rendered

against him in favor of appellee, Linda Renee Mendez. On October 29, 2009, the Clerk

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

on October 12, 2009, and that the deputy district clerk, Arnold Garcia, 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.

       On December 7, 2009, the Clerk of the Court notified appellant that he was

delinquent in remitting a $175.00 filing fee. The Clerk of this Court notified appellant that

the appeal was subject to dismissal if the filing fee was not paid within ten days from the

date of this letter. See id. 42.3(b),(c).

       Appellant has failed to respond to this Court’s notices and has failed to pay the filing

fee. Accordingly, the appeal is DISMISSED FOR WANT OF PROSECUTION. See TEX .

R. APP. P. 42.3(b), (c).



                                                  PER CURIAM

Delivered and filed
the 17th day of December, 2009.




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