Epps, Julia Dawn v. Villarreal, Gilbert A.--Appeal from 309th District Court of Harris County

Dismissed and Opinion filed October 17, 2002.

In The

Fourteenth Court of Appeals

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NO. 14-02-00850-CV

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JULIA DAWN EPPS, Appellant

V.

GILBERT A. VILLARREAL, Appellee

On Appeal from the 309th District Court

Harris County, Texas

Trial Court Cause No. 00-64238

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 May 17, 2002. Appellant filed a premature notice of appeal on April 25, 2002. The clerk=s record and reporter=s record have not been filed. To date, the filing fee of $125.00 has not been paid. No proper affidavit of indigence was filed with or before the notice of appeal. See Tex. R. App. P. 20.1. Therefore, on September 26, 2002, 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.

The filing fee has not been paid, and appellant has not responded to the Court=s order of September 26, 2002.

In addition, on October 2, 2002, appellee filed a motion to dismiss the appeal for want of prosecution, complaining that appellant has taken no action to prosecute her appeal. See Tex. R. App. P. 42.3(b). Appellant filed no response. Appellee=s motion is granted.

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

PER CURIAM

Judgment rendered and Opinion filed October 17, 2002.

Panel consists of Chief Justice Brister and Justices Hudson and Fowler.

Do Not Publish C Tex. R. App. P. 47.3(b).