Mangels, Bill Van v. Trisha Otems, Individually and as next friend of Brandon Fontenette--Appeal from 165th District Court of Harris County

Dismissed and Opinion filed February 6, 2003.

In The

Fourteenth Court of Appeals

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NO. 14-02-01216-CV

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BILL VAN MANGELS, Appellant

V.

TRISHA OTEMS, INDIVIDUALLY AND

AS NEXT FRIEND OF BRANDON FONTENETTE, Appellees

On Appeal from the 165th District Court

Harris County, Texas

Trial Court Cause No. 00-61905

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 August 14, 2002. 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.

On January 10, 2003, notification was transmitted to all parties of the Court=s intent 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).

In addition, 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 January 16, 2003, 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 January 16, 2003, or the notice of intent to dismiss dated January 10, 2003.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Opinion filed February 6, 2003.

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