                                       In The

                                Court of Appeals
                    Ninth District of Texas at Beaumont
                            ____________________
                               NO. 09-14-00371-CV
                            ____________________

         LINDIG CONSTRUCTION & TRUCKING, INC., Appellant

                                         V.

      J-M MANUFACTURING CO., INC. D/B/A JM EAGLE, Appellee
_______________________________________________________             ______________

                On Appeal from the County Court at Law No. 2
                        Montgomery County, Texas
                      Trial Cause No. 12-11-12448 CV
________________________________________________________             _____________

                          MEMORANDUM OPINION

      On December 19, 2014, 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. Appellant did not respond to this Court’s notice.

      Appellant did not file an affidavit of indigence on appeal and has not shown

that it is 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 clerk’s record, we

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dismiss the appeal for want of prosecution. See Tex. R. App. P. 37.3(b); Tex. R.

App. P. 42.3.

      APPEAL DISMISSED.

                                           ________________________________
                                                    HOLLIS HORTON
                                                        Justice



Submitted on February 11, 2015
Opinion Delivered February 12, 2015

Before McKeithen, C.J., Horton and Johnson, JJ.




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