Opinion
No. 05-04-00015-CV.
Opinion Issued March 11, 2004.
Original Proceeding from the County Court at Law No. 5, Dallas County, Texas, Trial Court Cause No. cc-03-7137-C.
Dismiss.
Before Justices JAMES, WRIGHT, and BRIDGES.
MEMORANDUM OPINION
Appellant filed his notice of appeal with the trial court on December 18, 2003. Appellant did not file an affidavit of indigency for appeal with or before filing the notice of appeal. On January 6, 2004, the Court sent appellant a letter directing him to pay the $125 filing fee for this appeal within ten days of the date of the letter. The letter warned appellant that failure to comply would result in dismissal of this appeal. On January 20, 2004, the Court granted appellant an extension of time to pay the filing fee to February 2, 2004. The order advised appellant that failure to pay the filing fee by the deadline would result in dismissal of this appeal. On February 12, 2004 appellant filed a motion to proceed as an indigent in this appeal. The Court denied the motion by order dated February 17, 2004 because appellant's request was not timely filed.
Additionally, on February 3, 2004, the Court sent appellant a letter informing him that the trial court clerk had advised the Court that the clerk's record had been prepared but appellant had not paid the preparation fee. The letter advised appellant that failure to pay the clerk's fees within ten days of the date of the letter would result in dismissal of this appeal.
To date, appellant has not paid the filing fee or the clerk's fee. Accordingly, the Court DISMISSES this appeal for want of prosecution. Tex.R.App.P. 42.3.