Opinion
No. 05-10-00857-CV
Opinion Filed September 28, 2010.
On Appeal from the 44th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 09-04284.
Before Justices O'NEILL, RICHTER, and LANG-MIERS.
MEMORANDUM OPINION
Eric Drake filed a notice of appeal from the trial court's order declaring him a vexatious litigant. By letter dated July 16, 2010, the Court notified appellant that the $175 filing fee for the appeal was due. The letter further warned that failure to pay the fee within ten days would result in dismissal of the appeal. See Tex. R. App. P. 42.3(c). The Court received a letter from appellant on July 26, 2010 stating that he was awaiting permission from Judge Burns to proceed in the appeal. Appellant stated that until he received permission to proceed, he could not do anything in the appeal. Appellant's letter further stated that should this Court dismiss his case, "[he] will have no choice but to take the appropriate legal steps against all parties involved." Since July 26, 2010, appellant has neither paid the filing fee nor otherwise communicated with the Court regarding his appeal. Accordingly, we dismiss the appeal. See Tex. R. App. P. 42.3(c).