






NUMBER 13-08-00669-CV


COURT OF APPEALS


THIRTEENTH DISTRICT OF TEXAS


CORPUS CHRISTI - EDINBURG 

______________________________________________________________
 
JOSE LUIS AVILA, 	Appellant,

v.


DIANA LOPEZ AVILA,	Appellee. 
_____________________________________________________________

On appeal from the 197th District Court 

of Cameron County, Texas.

______________________________________________________________

MEMORANDUM OPINION

 
Before Justices Rodriguez, Garza, and Vela

Memorandum Opinion Per Curiam

	Appellant, Jose Luis Avila, appealed a judgment rendered against him in favor of
appellee, Diana Lopez Avila.  On November 20, 2008, the Clerk of this Court notified
appellant that the notice of appeal did not comply with Tex. R. App. P. 25.1 and 9.5, and
directed appellant to file an amended notice of appeal with the trial court and appellate
court within thirty days.  To date the appellant has not responded to this Court's notice.
	On December 8, 2008, the Clerk of this Court notified appellant that the clerk's
record in the above cause was originally due on December 8, 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).  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. 
 Appellant has failed to respond to this Court's notices.  Accordingly, the appeal is
DISMISSED FOR WANT OF PROSECUTION.  See Tex. R. App. P. 42.3(b), (c).  
 
									PER CURIAM

Memorandum Opinion delivered and 
filed this the 29th day of January, 2009. 




 
