                                         In The

                                  Court of Appeals
                      Ninth District of Texas at Beaumont
                             ____________________
                                NO. 09-12-00495-CV
                             ____________________

     WILLIAM J. MORRISS III, D/B/A JUD'S EUROTYPES, Appellant

                                            V.

                      GERALD W. DALRYMPLE, Appellee
_______________________________________________________                 ______________

                 On Appeal from the County Court at Law No. 2
                         Montgomery County, Texas
                        Trial Cause No. 12-26226-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

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

not respond to the Court’s notice. 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 record, and there being no




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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.




                                                ________________________________
                                                          HOLLIS HORTON
                                                              Justice



Opinion Delivered February 21, 2013
Before Gaultney, Kreger, and Horton, JJ.




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