David T. Burditt; One Thousand Seven Hundred Forty Dollars ($1,740.00) United States Currency v. The State of Texas--Appeal from 408th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-05-00339-CV

David T. BURDITT; One Thousand Seven Hundred Forty Dollars ($1,740.00),

United States Currency,

Appellant

v.

The STATE of Texas,

Appellee

From the 408th Judicial District Court, Bexar County, Texas

Trial Court No. 2004-CI-14026

Honorable O. Rene Diaz, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Phylis J. Speedlin, Justice

Rebecca Simmons, Justice

Delivered and Filed: August 31, 2005

DISMISSED

A copy of appellant s notice of appeal was filed in this court on May 25, 2005. The clerk of the court notified the appellant in writing that our records do not reflect payment of the filing fee in the amount of $125.00, and that the filing fee was to be paid on or before June 13, 2005. The fee was not paid. On July 7, 2005, we issued a show cause order instructing appellant to pay the $125.00 filing fee to the clerk of this court on or before July 21, 2005, or the appeal would be dismissed for failure to comply with the court s order. See Tex. R. App. P. 5, 42.3(c). The order was returned by the Bexar County Adult Detention Center and stamped Return to Sender Inmate Released. On August 12, 2005, the same show cause order was re-issued with a new deadline for payment of the filing fee, and mailed to appellant s home address as reflected in the clerk s record. The order was again returned and stamped RTS No Such Number. A party not represented by counsel must provide this court with the party s current mailing address, telephone number and fax number, if any. Tex. R. App. P. 9.1(b). Appellant has failed to inform this court of his current mailing address and telephone number, and has failed to pay the $125.00 filing fee. Therefore, we dismiss the appeal. See Tex. R. App. P. 42.3(c).

PER CURIAM