No. 14-07-00490-CVCourt of Appeals of Texas, Fourteenth District, Houston.
Opinion filed September 13, 2007.
On Appeal from the 270th District Court, Harris County, Texas, Trial Court Cause No. 2007-23741.
Panel consists of Chief Justice HEDGES and Justices ANDERSON and SEYMORE.
This appeal is from a judgment signed June 6, 2007 in a civil forfeiture action. The notice of appeal was filed May 23, 2007. To date, the filing fee of $125.00 has not been paid. Our records show that appellant, Terence Dandre McMiller, 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).
By order dated August 16, 2007, appellant was given the requisite ten-days’ notice that this appeal was subject to dismissal for failure to pay the filing fee. See TEX. R. APP. P. 42.3 (allowing involuntary dismissal of case because appellant has failed to comply with notice from clerk requiring response or other action within specified time).
In addition, no clerk’s record has 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 August 20, 2007, 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 paid the appellate filing fee or provided this court with proof of payment for the record. Accordingly, the appeal is ordered dismissed. See TEX. R. APP. P. 37.3(b); TEX. R. APP. P. 42.3(c)