Opinion
No. 14-07-00020-CV
Filed March 8, 2007.
On Appeal from the County Court at Law No. 3 Fort Bend County, Texas Trial Court Cause No. 31,211.
Panel consists of Justices YATES, ANDERSON, and HUDSON.
MEMORANDUM OPINION
This is an appeal from a judgment signed December 19, 2006. The notice of appeal was filed on December 28, 2007. Appellants also filed an affidavit of indigence on December 28, 2007. On January 31, 2007, the trial court sustained the contest to appellant's affidavit of indigence.
On January 23, 2007, the court notified appellants that the $125.00 appellate filing fee had not been paid. See TEX. R. APP. P. 5 (requiring payment of fees in civil cases unless indigent); TEX. R. APP. P. 20.1 (listing requirements for establishing indigence); see also Order Regarding Fees Charged in Civil Cases in the Supreme Court and the Courts of Appeals, Misc. Docket No. 98-9120 (Tex. Jul. 21, 1998) (listing fees in court of appeals); TEX. GOV'T CODE ANN. ` 51.207 (Vernon 2005) (same).
After being given the requisite ten-days' notice that this appeal was subject to dismissal, appellants did not respond. See TEX. R. APP. P. 42.3. Appellants have not challenged or advised this court that they intend to challenge the trial court's order sustaining the contest to their affidavit of indigence. Accordingly, the appeal is ordered dismissed. See TEX. R. APP. P. 42.3(c) (allowing involuntary dismissal of case because appellant has failed to comply with notice from clerk requiring response or other action within specified time).
Judgment rendered and Memorandum Opinion.