Harry Freeman v. HICA Education Loan Corporation, acting by and through its servicing agent, Sallie Mae, Inc.--Appeal from County Court at Law No 2 of Montgomery County
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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-08-101 CV ____________________ HARRY FREEMAN, Appellant V. HICA EDUCATION LOAN CORP. , ACTING BY AND THROUGH ITS SERVICING AGENT, SALLIE MAE, INC. , Appellee On Appeal from the County Court at Law No. 2 Montgomery County, Texas Trial Cause No. 07-04-03753-CV MEMORANDUM OPINION On March 27, 2008, we notified the parties that the filing fee for the appeal had not been paid and that the appeal would be dismissed unless the appellant paid the fee. The appellant did not reply to our correspondence. Harry Freeman filed notice of appeal but did not file an affidavit of indigence and is not entitled to proceed without payment of costs. See T EX. R. A PP. P. 20. 1. Although warned that the appeal would be dismissed unless the appellant remitted the filing fee or 1 established his inability to pay the fee, Freeman failed to pay the filing fee for the appeal. The appellant failed to comply with a requirement of the Rules of Appellate Procedure and also failed to comply with a notice from the Clerk of the Court of Appeals. See T EX. R. A PP. P. 42. 3(c). There being no satisfactory explanation for the appellant s failure to pay the filing fee or to respond to the clerk s notice that the appellant must either pay the filing fee or submit an affidavit of indigence, we dismiss the appeal. T EX. R. A PP. P. 42. 3. Costs are assessed against the appellant. APPEAL DISMISSED. ____________________________ HOLLIS HORTON Justice Opinion Delivered May 1, 2008 Before McKeithen, C. J. , Gaultney and Horton, JJ. 2
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