Opinion
No. 05-05-00747-CV
Opinion Issued August 12, 2005.
On Appeal from the 160th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 03-05525.
Dismissed.
Before Justices MORRIS, LANG, and MAZZANT.
MEMORANDUM OPINION
A review of this appeal shows appellant filed her notice of appeal on June 1, 2005. Her affidavit of indigence is file stamped June 15, 2005. Because her affidavit of indigency was filed after her notice of appeal, appellant was not entitled to proceed without advance payment of costs. See Tex.R.App.P. 20.1(c) (party who cannot pay costs is entitled to proceed in appeal without advance payment of costs only if affidavit of indigence was filed in trial court with or before notice of appeal).
In a letter dated July 21, 2005, we notified appellant she was not considered indigent for purposes of this appeal. We also informed appellant her $125 filing fee was past due and that she would need to pay or make arrangements to pay for the clerk's record and the reporter's record in this appeal. We instructed appellant to pay her filing fee and to file written verification that she had paid for or made arrangements to pay for the clerk's and reporter's records within ten days of the date of the Court's letter. We cautioned appellant that the failure to comply with the Court's instructions would result in this appeal being dismissed without further notice to appellant. See Tex.R.App.P. 42.3. To date, appellant has not responded.
Accordingly, we DISMISS this appeal for want of prosecution. See Appendix to the Tex.R.App.P. B(1)(a); Tex.R.App.P. 5, 35.3, and 42.3.