Opinion
No. 05-03-01810-CV.
Opinion Filed February 2, 2004.
On Appeal from the County Court at Law No. 4, Collin County, Texas, Trial Court Cause No. 004-1435-03.
Dismissed.
Before Justices BRIDGES, FRANCIS, and LANG-MIERS.
MEMORANDUM OPINION
Appellant filed a notice of appeal with this Court on December 22, 2003. On January 13, 2004, appellant filed an incomplete and unsigned "affidavit of inability to give cost bond." For appellant's affidavit of indigence to be effective, it must be filed with the trial court "with or before the notice of appeal." Tex.R.App.P. 20.1(c)(1).
In a letter dated January 16, 2004, we informed appellant that her indigence must be established by the trial court in accordance with appellate rule 20.1 and that we would take no action on her incomplete and untimely affidavit of indigence. We reminded appellant that she had been previously instructed to remit the $125 filing fee by notice dated December 22, 2003. We again instructed appellant that failure to remit the $125 filing fee within ten days would result in the dismissal of this appeal for want of prosecution.
Appellant responded to our January 16, 2004 letter by filing a January 26, 2004 "affidavit of inability to give cost bond." Appellant has failed to remit the required $125 filing fee. Tex.R.App.P. 5.
On the Court's own motion, this appeal is DISMISSED for want of prosecution. See Tex.R.App.P. 42.3(b),(c).