Robert W. Holmes v. Kathleen Anne Holmes ( 2004 )

Dismissed and Memorandum Opinion filed March 30, 2004

Dismissed and Memorandum Opinion filed March 30, 2004.

In The

Fourteenth Court of Appeals

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NO. 14-04-00184-CV

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ROBERT W. HOLMES, Appellant

V.

KATHLEEN ANNE HOLMES, Appellee

On Appeal from the 300th District Court

Brazoria County, Texas

Trial Court Cause No. 17209*RH01

M E M O R A N D U M  O P I N I O N

This is an appeal from a judgment signed December 18, 2003.  The notice of appeal was filed on February 23, 2004.  Although it appears that the notice of appeal is untimely, the court cannot determine whether a post-judgment motion may have been filed, thereby extending the appellate timetable.  See Tex. R. App. P. 26.1(a).  The clerk=s record has not been filed because the district clerk has not received payment for preparation of the record.  See Tex. R. App. P. 35.3(a).  The court reporter has also notified this court that she has not received a request for preparation of the reporter=s record and no payment has been made.  See Tex. R. App. P. 35.3(b).

The filing fee of $125.00 was not paid in response to this court=s notice that payment was overdue.  See Tex. R. App. P. 5.  No proper affidavit of indigence was filed with or before the notice of appeal.  See Tex. R. App. P. 20.1.  Therefore, on March 11, 2004, the court issued an order stating that unless appellant paid the appellate filing fee of $125.00 within fifteen days of the date of the order, the appeal would be dismissed.  To date, the filing fee has not been paid, and appellant has not responded to the court=s order of March 11, 2004.

Accordingly, the appeal is ordered dismissed.  See Tex. R. App. P. 42.3(c). 

PER CURIAM

Judgment rendered and Memorandum Opinion filed March 30, 2004.

Panel consists of Chief Justice Hedges and Justices Frost and Guzman.