Rodney Phillips and Willie Phillips v. Lowell Coleman, Progressive County Mutual Insurance Company, and Progressive Casualty Insurance Company (Progressive Insurance Companies)--Appeal from 129th District Court of Harris County

Dismissed and Opinion filed December 18, 2003.

In The

Fourteenth Court of Appeals

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NO. 14-03-01000-CV

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RODNEY PHILLIPS and WILLIE PHILLIPS, Appellant

V.

LOWELL COLEMAN, PROGRESSIVE COUNTY MUTUAL INSURANCE COMPANY, and PROGRESSIVE CASUALTY INSURANCE COMPANY (PROGRESSIVE INSURANCE COMPANIES), Appellees

On Appeal from the 129th District Court

Harris County, Texas

Trial Court Cause No. 01-10130

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 June 4, 2003. The notice of appeal was filed on September 2, 2003. 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 October 30, 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 October 30, 2003.

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

PER CURIAM

Judgment rendered and Opinion filed December 18, 2003.

Panel consists of Chief Justice Hedges and Justices Anderson and Seymore.