Opinion
No. 05-09-00121-CV
Opinion Filed July 28, 2009.
On Appeal from the 302nd Judicial District Court, Dallas County, Texas, Trial Court Cause No. DF-98-15998-U.
Before Justices FITZGERALD, LANG, and FILLMORE.
MEMORANDUM OPINION
Following referral of appellant's affidavit of indigence by this Court to the trial court pursuant to Texas Rule of Appellate Procedure 20.1(d), the Dallas County District Clerk filed a contest to the affidavit. Following a hearing, the trial court sustained the contest and ruled that appellant was not entitled to proceed without payment of costs.
Appellant thereafter filed in this Court objections to the trial court's order sustaining the contest, which we denied. We further denied two additional motions to reconsider appellant's indigency status and a motion to stay the appeal. Appellant was warned in orders dated April 3, 2009, April 24, 2009, and June 16, 2009 that if she did not pay the $175 filing fee for the appeal, as well as pay for the record, the appeal would be dismissed. See Tex. R. App. P. 42.3(c). Nevertheless, to date, appellant has not paid the filing fee and the clerk's record has not been filed. On July 1, 2009, appellant filed a notice stating she could not pay the fees associated with the appeal.
Accordingly, pursuant to our orders and the Texas Rules of Appellate Procedure, we dismiss the appeal.