Opinion
No. 05-05-01558-CV
Opinion issued February 7, 2006.
On Appeal from the 382nd Judicial District Court, Rockwall County, Texas, Trial Court Cause No. 1-05-507.
Dismissed.
Before Justices WRIGHT, O'NEILL, and FRANCIS.
MEMORANDUM OPINION
A review of this appeal shows that Timothy Lamar Livingston filed his notice of appeal on November 14, 2005. On November 17, 2005, this Court notified appellant that the $125 filing fee was overdue. We warned appellant that if he did not pay the fee within ten days, the appeal was subject to dismissal without further notice.
On November 30, 2005, we received a letter from appellant informing us that a hearing was to be held in the trial court to determine if he was indigent. Our records show, however, that appellant did not file a pauper's affidavit until December 12, 2005. Because the affidavit was not filed with or before his notice of appeal, it was untimely. See Tex.R.App.P. 20.1(c)(1) (providing that appellant must file affidavit of indigence in trial court with or before notice of appeal). Regardless, after a hearing, the trial court sustained the contest to the affidavit and notified this Court.
Consequently, on January 11, 2006, we sent a letter to appellant explaining that he was not entitled to proceed in this appeal without paying costs. We again notified appellant that the $125 filing fee was overdue. We directed appellant to pay the fee within ten days and warned that his failure to do so would result in the appeal being dismissed.
As of this date, appellant has not paid the filing fee or otherwise communicated to this Court regarding this matter. Accordingly, on the Court's own motion, we DISMISS the appeal. See Appendix to the Tex.R.App.P. B(1)(a); Tex.R.App.P. 5, 25.1(d), 32.1, 42.3.