                                       In The

                                Court of Appeals
                    Ninth District of Texas at Beaumont
                              ___________________
                               NO. 09-12-00481-CV
                              ___________________

              DONALD SNOW AND JOANN SNOW, Appellants

                                         V.

 RICK STAYNER D/B/A R & R CONSTRUCTION MARINE SERVICES,
                          Appellee

_________________________________________________________________ _

                 On Appeal from the 9th District Court
                      Montgomery County, Texas
                    Trial Cause No. 10-12-13445 CV
_________________________________________________________________ _

                          MEMORANDUM OPINION

      On January 24, 2013, we notified the parties that the appeal would be

dismissed for want of prosecution unless arrangements were made for filing the

record or the appellants explained why additional time was needed to file the

record. We also notified the parties that the appeal would be dismissed unless the

appellants remitted the filing fee for the appeal. The appellants did not respond to

the Court’s notices. The appellants did not file an affidavit of indigence and are not

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entitled to proceed without payment of costs. See Tex. R. App. P. 20.1. There

being no satisfactory explanation for the failure to file the record, and there being

no reasonable explanation for the failure to pay the filing fee for the appeal, the

appeal is dismissed for want of prosecution. Tex. R. App. P. 37.3(b); Tex. R. App.

P. 42.3.

      APPEAL DISMISSED.



                                             ______________________________
                                                    STEVE McKEITHEN
                                                        Chief Justice

Opinion Delivered February 21, 2013
Before McKeithen, C.J., Gaultney and Kreger, JJ.




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