Memorandum Opinion filed November 25, 2008.
On Appeal from the County Civil Court at Law No. 1 Harris County, Texas, Trial Court Cause No. 906128.
Panel consists of Chief Justice HEDGES and Justices GUZMAN and BROWN.
This appeal is from a judgment signed May 28, 2008. A motion for new trial was filed June 25, 2008. The notice of appeal was filed August 26, 2008, and the appeal was assigned to this Court on September 5, 2008. 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). After being given the requisite ten-days' notice that this appeal was subject to dismissal, appellant has not paid the filing fee.
An earlier notice of appeal from the same judgment was filed June 9, 2008. An appeal was assigned to this Court and subsequently dismissed for nonpayment of fees. See Haas v. Ashford Hollow Cmty. Improvement Ass'n., Inc., No 14-08-00502-CV (Tex.App.-Houston [14th Dist.] Sept. 4, 2008, no pet.) (mem. op.).
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 October 3, 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). No response was filed.
Accordingly, the appeal is ordered dismissed.