Opinion
No. 04-04-00084-CV
Delivered and Filed: March 31, 2004.
Appeal from the 224th Judicial District Court, Bexar County, Texas, Trial Court No. 2003-CI-00500, Honorable Andy Mireles, Judge Presiding.
Dismissed.
Sitting: Karen ANGELINI, Justice, Sandee Bryan MARION, Justice, Phylis J. SPEEDLIN, Justice.
MEMORANDUM OPINION
Appellant Michael Allen Murchison ("Murchison") has failed to pay the applicable filing fee in this appeal. Texas Rule of Appellate Procedure 5 provides,
A party who is not excused by statute or these rules from paying costs must pay — at the time an item is presented for filing — whatever fees are required by statute or Supreme Court order. The appellate court may enforce this rule by any order that is just.
Tex.R.App.P. 5. We, therefore, on March 3, 2004, ordered Murchison to pay the applicable filing fee within ten days or warned that we would dismiss his appeal.
In our order of March 3, 2004, we also explained that because Murchison did not timely file an affidavit of indigence with or before his notice of appeal, he failed to establish indigence under Texas Rule of Appellate Procedure 20.1.
Despite our order of March 3rd, Murchison has wholly failed to pay the applicable filing fee. We, therefore, dismiss this appeal. See Tex.R.App.P. 42.3(c).