Oliver Leviege v. Peter J. Riga ( 2007 )

Opinion issued November 1, 2007

In The

Court of Appeals  

For The  

First District of Texas  

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NO. 01-07-00531-CV

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OLIVER LEVIEGE, Appellant

V.

PETER J. RIGA, Appellee

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On Appeal from the 281st District Court

Harris County, Texas

Trial Court Cause No. 2005-68153

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MEMORANDUM OPINION

          We dismiss this appeal for want of prosecution for failure to establish indigence or pay the filing fee.

          The trial court rendered judgment on May 24, 2007. Appellant, Oliver Levige, mistakenly filed his affidavit of indigence with this Court on July 23, 2007. We forwarded it to the district clerk who filed a contest. On August 6, 2007, the trial court sustained the district clerk’s contest to appellant’s affidavit of indigence.

          On August 7, 2007, the clerk of this Court sent a letter to appellant advising him that he had not paid all the required fees and that if by August 27, 2007, he had not paid the required fees or responded in writing giving a detailed explanation why he was exempt from paying the fees, his appeal was subject to dismissal without further notice. August 27, 2007 has passed and appellant has not paid the required fees or responded in writing giving a detailed explanation why he is exempt from paying the filing fees.

          We dismiss appellant’s appeal for want of prosecution. See Tex. R. App. P. 5 (allowing enforcement of rule); 42.3(c) (allowing involuntary dismissal of case).

PER CURIAM

Panel consists of Justices Taft, Hanks, and Higley.