Opinion
No. 14-10-01174-CV
Opinion filed February 24, 2011.
On Appeal from the 309th District Court, Harris County, Texas, Trial Court Cause No. 2003-05688.
Panel consists of Justices BROWN, BOYCE and JAMISON.
MEMORANDUM OPINION
This appeal is from a judgment signed August 23, 2010. To date, our records show that appellant has neither established indigence nor paid the $175.00 appellate filing fee. 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 and Before the Judicial Panel on Multidistrict Litigation, Misc. Docket No. 07-9138 (Tex. Aug. 28, 2007) (listing fees in court of appeals); Tex. Gov't Code § 51.207 (same).
On January 6, 2011, this court ordered appellant to pay the appellate filing fee on or before January 28, 2011, or the appeal would be 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). Appellant has not paid the appellate filing fee.
In addition, no clerk's record has been filed. The clerk responsible for preparing the record in this appeal informed the court appellant did not make arrangements to pay for the record. On January 27, 2011, notification was transmitted to all parties of the court's intention 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.
Accordingly, the appeal is ordered dismissed.