Opinion
No. 14-03-00880-CV
Opinion filed December 18, 2003.
On Appeal from the 309th District Court Harris County, Texas, Trial Court Cause No. 00-63348.
Dismissed.
Shawn Russel Casey of Houston, TX for appellants.
Eileen M. Gaffney of Houston, TX, Karen Denice Poe of Houston, TX, for appellees.
Panel consists of Chief Justice HEDGES and Justices ANDERSON and SEYMORE.
MEMORANDUM OPINION
This is an appeal from the denial of a motion to recuse signed on April 24, 2003. No clerk's record has been filed. The clerk responsible for preparing the record in this appeal informed the court appellant, Adel Sheshtawy, did not make arrangements to pay for the record.
On November 10, 2003, notification was transmitted to all parties of the Court's intent 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). Appellant filed no response.
In addition, the filing fee of $125.00 has not been paid. No proper affidavit of indigence was filed with or before the notice of appeal. See TEX. R. APP. P. 20.1. Therefore, on October 30, 2003, the Court issued an order stating that unless appellant paid the appellate filing fee of $125.00 within fifteen days of the date of the order, the appeal would be dismissed. The filing fee has not been paid, and appellant has not responded to the Court's order of October 30, 2003.
Accordingly, the appeal is ordered dismissed. See Tex.R.App.P. 37.3(b); TEX. R. APP. P. 42.3(c).