Opinion
No. 14-08-00001-CV
Memorandum Opinion filed February 28, 2008.
On Appeal from the 333rd District Court, Harris County, Texas, Trial Court Cause No. 2005-67189.
Panel consists of Chief Justice HEDGES and Justices ANDERSON and BOYCE.
MEMORANDUM OPINION
This appeal is from a judgment signed September 25, 2007. Appellant filed a timely motion for new trial. The notice of appeal was filed December 26, 2007. 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 ANN. § 51.207 (Vernon 2005) (same). On January 29, 2008, appellant was notified that the filing fee was past due and the appeal was subject to dismissal. No response was filed.
The clerk's record was due January 23, 2008, but it has not 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 31, 2008, 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 has not provided this court with proof of payment for the record or otherwise responded to this court's notice.
Accordingly, the appeal is ordered dismissed.