Opinion filed November 30, 2006.
On Appeal from the 113th District Court Texas Harris County, Trial Court, Cause No. 2004-32729.
Panel consists of Chief Justice HEDGES and Justices YATES and SEYMORE.
This is an appeal from a judgment signed September 5, 2006. The notice of appeal was filed on October 2, 2006. To date, our records show that appellants have 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 2, 2006, this court ordered appellants to pay the filing fee. See TEX. R. APP. P. 42.3(c) (allowing involuntary dismissal of case because appellant has failed to comply with notice from clerk requiring response or other action within specified time). To date, appellants have not responded. On November 7, 2006, appellee notified the court that the parties had settled the case. Accordingly, the appeal is ordered dismissed.