Opinion
No. 14-04-01107-CV
Memorandum Opinion filed January 27, 2005.
On Appeal from the 157th District Court Harris County, Texas, Trial Court Cause No. 03-52837.
Dismissed.
Panel consists of Chief Justice HEDGES and Justices FOWLER and SEYMORE.
MEMORANDUM OPINION
This is an appeal from a judgment signed October 7, 2004. The record was due December 6, 2004, but has not been filed. The clerk responsible for preparing the record in this appeal informed the court appellant did not establish indigency and did not make arrangements to pay for the record.
On January 6, 2005, notification was transmitted to all parties of the court's intention to dismiss the appeal for want of prosecution unless, within fifteen days, appellant paid or made arrangements to pay for the record and provided this court with proof of payment. See Tex.R.App.P. 37.3(b). On January 19, 2005, appellant filed a response in which he asserts that he filed an affidavit of indigence with the clerk of this court. No affidavit of indigence was timely filed at this court. Moreover, an appellant must file the affidavit of indigence in the trial court. TEX. R. APP. P. 20.1(c)(1).
Accordingly, the appeal is ordered dismissed.