Ray A. Bailey v. Stanley G. Schneider--Appeal from 270th District Court of Harris County

Dismissed and Memorandum Opinion filed January 18, 2007.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-00249-CV

____________

RAY A. BAILEY, Appellant

V.

STANLEY G. SCHNEIDER, Appellee

On Appeal from the 270th District Court

Harris County, Texas

Trial Court Cause No. 04-73206

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 February 6, 2006. The notice of appeal was filed on March 6, 2006. Appellant also filed an affidavit of indigence. The Harris County District Clerk filed a contest to appellant=s affidavit of inability to pay costs. The trial court signed an order sustaining the district clerk=s contest.

Appellant filed a motion with this court requesting that we review the trial court=s order sustaining the contest to his affidavit of indigence. On October 12, 2006, we entered an order finding the trial judge did not abuse his discretion in denying appellant=s request to proceed without the payment of costs. Accordingly, we ordered appellant to pay the filing fee in the amount of $125.00 to the Clerk of this Court on or before October 23, 2006. See Tex. R. App. P. 5.

On October 19, 2006, appellant filed a motion for rehearing. That motion was overruled on November 9, 2006. On November 30, 2006, we ordered appellant to pay the filing fee in the amount of $125.00 to the Clerk of this Court on or before December 14, 2006. See Tex. R. App. P. 5.

Appellant was given the requisite ten-days= notice that this appeal was subject to dismissal. See Tex. R. App. P. 42.3. Appellant has not filed a response. Accordingly, the appeal is ordered dismissed. See Tex. R. App. P. 42.3(c) (allowing involuntary dismissal of case because appellant has failed to comply with notice from clerk requiring response or other action within specified time).

PER CURIAM

Judgment rendered and Memorandum Opinion filed January 18, 2007.

Panel consists of Justices Frost, Seymore, and Guzman.