                                         In The

                                 Court of Appeals
                     Ninth District of Texas at Beaumont
                               _________________
                                 NO. 09-12-00402-CV
                               _________________

                      MICHAEL LEE MITCHELL, Appellant

                                           V.

                           TAMMY MITCHELL, Appellee

________________________________________________________________________

                  On Appeal from the County Court at Law
                          Liberty County, Texas
                        Trial Cause No. CAL-11095
________________________________________________________________________

                             MEMORANDUM OPINION

      On September 7, 2012, we notified the parties that the appeal would be dismissed

for want of prosecution unless arrangements were made for filing the record or the

appellant explained why additional time was needed to file the record. The appellant,

Michael Lee Mitchell, did not respond to the Court’s notices. The appellant did not file

an affidavit of indigence and is not 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




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record, 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 November 1, 2012
Before McKeithen, C.J., Gaultney and Horton, JJ.




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