                            NUMBER 13-09-00296-CV

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
______________________________________________________________

SERGIO MOORE, TRUSTEE,                                                      Appellant,

                                           v.

ESTATE OF JESUS D. MOORE, JR.,                      Appellee.
_____________________________________________________________

 On appeal from the 357th District Court of Cameron County, Texas.
______________________________________________________________

                         MEMORANDUM OPINION

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

      Appellant, Sergio Moore, Trustee, perfected an appeal from a judgment rendered

against him in favor of appellee, Estate of Jesus D. Moore, Jr. On August 11, 2009, the

Clerk of this Court notified appellant that the clerk's record in the above cause was

originally due on June 15, 2009, 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.

       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).

                                                                 PER CURIAM

Memorandum Opinion delivered and
filed this the 1st day of October, 2009.




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