Opinion
No. 05-04-00603-CV
Opinion issued August 24, 2005.
On Appeal from the 256th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 92-16748-Z.
Dismissed.
Before Justices WRIGHT, BRIDGES, and FITZGERALD.
MEMORANDUM OPINION
A review of this appeal shows appellant filed an affidavit of indigency and a notice of appeal of the trial court's judgment, dismissing his case for want of prosecution. The Dallas County district clerk filed a contest to the affidavit of indigency. After a hearing on the contest, which appellant did not attend, the trial judge entered an order sustaining the contest. In a document filed in this Court, appellant complained about the trial judge's order sustaining the contest. This Court construed the document to be an Arroyo motion. See In re Arroyo, 988 S.W.2d 737 (Tex. 1998) (orig. proceeding) (per curiam). This Court abated the appeal and ordered the trial court clerk and court reporter to file all records relating to the affidavit of indigency and contest with this Court. After the clerk's record was filed, we reviewed the trial judge's decision sustaining the contest and, in an order dated August 5, 2005, we concluded the trial judge did not abuse her discretion in sustaining the contest to appellant's affidavit of indigence. We therefore ordered appellant to pay the $125 filing fee on or before August 15, 2005. We cautioned appellant that if the Court did not receive the filing fee within the time specified, the appeal would be dismissed without further notice to appellant. To date, appellant has not responded.
On the Court's own motion, we DISMISS this appeal for want of prosecution. See Appendix to the Tex.R.App.P. B(1)(a); Tex.R.App.P. 5 42.3.