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Court of Appeals of Texas, Fifth District, DallasFeb 16, 2006
No. 05-05-01460-CV (Tex. App. Feb. 16, 2006)

No. 05-05-01460-CV

Opinion Filed February 16, 2006.

On Appeal from the 256th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 05-03456-Z.


Before Justices RICHTER, LANG, and MAZZANT.


On May 20, 2005, Marion Denise Morgan filed her notice of appeal in this case. This Court received a copy of the notice of appeal on October 26, 2005. That day, we informed appellant that her notice of appeal was defective and gave her thirty days to file an amended notice that corrected specific deficiencies. The next day, we notified appellant by separate letters that her $125 filing fee and her docketing statement were due and gave appellant ten days to pay the fee and file the docketing statement. In each instance, we warned appellant that that her failure to comply could result in dismissal of the appeal. Appellant did not respond.

On November 10 and December 7, the Dallas County district clerk's office notified us that the clerk's record had been prepared but was being held until the $85 fee had been paid. In response, we notified appellant by separate letters dated November 14 and December 12 that she had ten days to provide this Court with written verification that she had paid or made arrangements to pay for the clerk's record or that she had been found to be a pauper. We warned that if appellant did not provide the required documentation within the time allowed, the appeal could be dismissed without further notice.

As of today's date, appellant has not paid her filing fee or filed an amended notice of appeal, docketing statement, or verification that she has paid for the clerk's record. In fact, appellant has not responded to any of our notices or communicated to this Court at all regarding this appeal. Accordingly, on our own motion, we DISMISS the appeal. See Appendix to the Tex.R.App.P. (B)(1)(a); Tex.R.App.P. 5, 25.1(d), 32.1, 37.3(b), 42.3(b), (c).

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