                           NUMBER 13-08-00339-CV

                           COURT OF APPEALS

                 THIRTEENTH DISTRICT OF TEXAS

                   CORPUS CHRISTI - EDINBURG
______________________________________________________________

MAYOR PAT AHUMADA, IN HIS
CAPACITY AS EX-OFFICIO
PUB BOARD MEMBER, ET AL.,                                              Appellants,

                                         v.

EMMANUEL VASQUEZ, INDIVIDUALLY
AND IN HIS OFFICIAL CAPACITY AS A
DIRECTOR OF THE BROWNSVILLE PUB,                     Appellee.
_____________________________________________________________

 On appeal from the 103rd District Court of Cameron County, Texas.
______________________________________________________________

                        MEMORANDUM OPINION

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

      Appellant, Mayor Pat Ahumada, in his capacity as ex-officio Pub Board Member,

et.al, perfected an appeal from a judgment rendered against him in favor of appellee,

Emmanuel Vasquez, Individually and in his Official Capacity as a Director of the
Brownsville PUB. On October 3, 2008, the Clerk of this Court notified appellant that the

clerk's record in the above cause was originally due on September 25, 2008, 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.

       On August 4, 2008 and October 15, 2008, 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 receipt of this letter. See id. 42.3(b),(c).

       Appellant has failed to 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. 38.8(a), 42.3(b). All pending motions are likewise dismissed.



                                                         PER CURIAM



Memorandum Opinion delivered and filed
this the 11th day of December, 2008.




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