Delivered: February 15, 2007.
On Appeal from the 310th District Court, Harris County, Texas, Trial Court Cause No. 2005-81455.
Panel consists of Chief Justice HEDGES and Justices FOWLER and EDELMAN.
This is an appeal from a judgment signed September 26, 2006. The notice of appeal was filed on October 6, 2006. To date, our records show that appellant has neither established indigence nor paid the $125.00 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, Misc. Docket No. 98-9120 (Tex. Jul. 21, 1998) (listing fees in court of appeals); TEX. GOV'T CODE ANN. § 51.207 (Vernon 2005) (same). On November 29, 20026, this court notified appellant that the filing fee was past due. No response was filed.
The record before this court reflects that appellant is represented by retained counsel, and she has paid for preparation of the reporter's record, which was filed on February 5, 2007. The clerk's record was due on January 24, 2007, but it has not been filed.
On January 11, 2007, this court ordered appellant to pay the appellate filing fee on or before January 29, 2007. This court's order stated that this appeal was subject to dismissal if the filing fee was not paid in accordance with our order. See TEX. R. APP. P. 42.3(c) (allowing involuntary dismissal of case for failure to comply with court order). Again, appellant did not respond.
Accordingly, the appeal is ordered dismissed.