Opinion
No. 05-05-01207-CV
Opinion Filed October 20, 2005.
On Appeal from the County Court at Law No. 3, Dallas County, Texas, Trial Court Cause No. 05-10969-c.
Dismiss.
Before Chief Justice THOMAS and Justices LANG-MIERS and MAZZANT.
MEMORANDUM OPINION
A review of this appeal shows that appellants filed their notice of appeal on August 30, 2005. Appellants did not file an affidavit of indigency. When appellants did not pay their $125 filing fee, the Court notified them by letter dated September 8, 2005 that the fee was due. The letter directed appellants to pay the fee within ten days and cautioned appellants that their failure to do so would result in this appeal being dismissed without further notice.
On September 20, 2005, this Court received appellants' affidavit of inability to pay costs. We notified appellants by letter dated September 28, 2005 that their affidavit was untimely and they would not be allowed to proceed as indigents. See Tex.R.App.P. 20.2(c)(1) (stating that to be timely, affidavit of indigence must be filed with or before notice of appeal). Again, we notified appellants that the $125 filing fee was due and directed appellant to pay the fee within ten days. We also directed appellants to provide written verification within ten days that they had paid or made arrangements to pay for the clerk's record. We cautioned that if they failed to comply, their appeal would be subject to dismissal without further notice.
As of this date, appellants have not paid the filing fee nor have they provided written verification that they have paid or made arrangements to pay for the clerk's record. 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 42.3(b), (c)