                             NUMBER 13-09-00553-CV

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
______________________________________________________________

DEBRA F. JALUFKA,                                                            Appellant,

                                            v.

JOHN JALUFKA,                                       Appellee.
_____________________________________________________________

              On appeal from the 94th District Court
                    of Nueces County, Texas.
______________________________________________________________

                         MEMORANDUM OPINION

             Before Justices Rodriguez, Garza, and Benavides
                    Memorandum Opinion Per Curiam

      Appellant, Debra F. Jalufka, perfected an appeal from a judgment rendered against

her in favor of appellee, John Jalufka. On November 19, 2009, the Clerk of this Court

notified appellant that the clerk's record in the above cause was originally due on October

29, 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 the notice, the appeal

would be dismissed for want of prosecution.

       Appellant has failed to respond to this Court’s notice. Accordingly, the appeal is

DISMISSED FOR WANT OF PROSECUTION. See TEX . R. APP. P. 42.3(b), (c).

       Appellant’s retained counsel, Patricia A. Shackelford, has filed a motion to withdraw

as counsel. We GRANT said motion. Pursuant to Rule 6.5(c) of the Texas Rules of

Appellate Procedure, counsel is directed to notify appellant, in writing, of any previously

undisclosed deadlines and file a copy of that notice with the Clerk of this Court. Any

pending motions are denied as moot.

                                                  PER CURIAM

Delivered and filed the
8th day of January, 2010.




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