Nabelek, Ivo v. Garrett, Gerald, Et Al.--Appeal from 61st District Court of Harris County

Dismissed and Opinion filed May 30, 2002.

In The

Fourteenth Court of Appeals

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NO. 14-01-01007-CV

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IVO NABELEK, Appellant

V.

GERALD GARRETT, ET AL., Appellees

On Appeal from the 61st District Court

Harris County, Texas

Trial Court Cause No. 01-37615

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 October 4, 2001. The notice of appeal was filed on October 24, 2001. Although appellant filed a timely affidavit of indigence, the trial court sustained the contest to this affidavit. Pursuant to appellant=s request, this court reviewed the trial court=s decision to sustain the contest and on April 25, 2002, this court upheld the trial court=s determination. Accordingly, we ordered appellant to pay the filing fee of $125.00 on or before May 17, 2002, or the appeal would be dismissed.

The filing fee has not been paid.

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

PER CURIAM

Judgment rendered and Opinion filed May 30, 2002

Panel consists of Justices Yates, Seymore, and Guzman.

Do Not Publish C Tex.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