in the Interest of A.N.C., Child ( 2006 )

Dismissed and Memorandum Opinion filed October 26, 2006

Dismissed and Memorandum Opinion filed October 26, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-00520-CV

____________

IN THE INTEREST OF A.N.C., a Child

On Appeal from the 314th District Court

Harris County , Texas

Trial Court Cause No. 05-05897J

M E M O R A N D U M  O P I N I O N

This appeal is from a final judgment signed May 23, 2006, terminating the parental rights of appellant, Patricia Stella Luna.  The notice of appeal was filed on June 7, 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).  After being given the requisite ten-days= notice that this appeal was subject to dismissal for non-payment of the filing fee, appellant did not respond.  See Tex. R. App. P. 42.3. 

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.  The clerk further informed the court that the trial court sustained a contest to appellant=s affidavit of indigency.  No appeal has been taken from that ruling.

On October 4, 2006, 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 did not respond.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed October 26, 2006.

Panel consists of Chief Justice Hedges and Justices Yates and Seymore.