Patricia Potts v. Jimmy Wayne Newcomb, Et Al--Appeal from Co Civil Ct at Law No 1 of Harris County

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Dismissed and Memorandum Opinion filed January 14, 2010. In The Fourteenth Court of Appeals ____________ NO. 14-09-00875-CV ____________ PATRICIA POTTS, Appellant V. JIMMY WAYNE NEWCOMB, ET. AL., Appellees On Appeal from the County Civil Court at Law No. 1 Harris County, Texas Trial Court Cause No. 942,996 MEMORANDUM OPINION This is an appeal from a judgment signed August 28, 2009. The notice of appeal was filed on October 13, 2009. To date, our records show that appellant has neither established indigence nor paid the $175.00 appellate filing fee. See Tex. R. App. P. 5 (requiring payment of fees in civil cases unless indigent); Tex. R. App. P. 20.1 (listing requirements for establishing indigence); see also Order Regarding Fees Charged in Civil Cases in the Supreme Court and the Courts of Appeals and Before the Judicial Panel on Multidistrict Litigation, Misc. Docket No. 07-9138 (Tex. Aug. 28, 2007) (listing fees in court of appeals); Tex. Gov t Code Ann. ' 51.207 (Vernon 2005) (same). On December 10, 2009, this court ordered appellant to pay the appellate filing fee on or before December 21, 2009, or the appeal would be dismissed. Appellant has not paid the appellate filing fee. Accordingly, the appeal is ordered dismissed. See Tex. R. App. P. 42.3(c) (permitting involuntary dismissal of case because appellant has failed to comply with notice from clerk requiring response or other action within specified time). PER CURIAM Panel consists of Justices Yates, Seymore, and Brown. 2

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