Opinion issued February 13, 2003
In The
Court of Appeals
For The
First District of Texas
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NO. 01-02-01178-CV
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IN THE INTEREST OF A.J.T., S.M.T., & J.M.T.
On Appeal from the 314th District Court
Harris County, Texas
Trial Court Cause No. 0104943J
MEMORANDUM OPINION
This is an appeal from a judgment signed on October 9, 2002. Appellant timely filed a notice of appeal on October 23, 2002. On November 18, 2002 we issued an order stating in relevant part:
This Court’s records do not affirmatively show that appellant has paid the appellate filing fee of $125. See Tex. R. App. P. 5; Order Regarding Fees Charged in Civil Cases in the Supreme Court and the Courts of Appeals, Misc. Docket No. 98-9120 (Tex. Jul. 21, 1998); Tex. Gov’t Code Ann. § 51.207(a) (Vernon Supp. 2002). Each party or partied filing a notice of appeal are required to pay the appellate filing fee. Unless within 15 days of the date of this order, appellant pays such filing fee to the Clerk of this Court, the appeal will be dismissed. See Finley v. J.C. Pace Ltd., 4 S.W.3d 319, 321-22 (Tex. App.– Houston [1st Dist.] 1999) (order); Negrini v. Smith, Nelson & Clement P.C., 998 S.W.2d 362, 363 (Tex. App.– Houston [1st Dist.] 1999, no pet.).
If appellant believes the appellate filing fee has been paid, appellant should file an appropriate motion or response in accordance with Tex. R. App. P. 10. If appellant believes appellant is entitled to proceed on appeal without advance payment of costs under Tex. R. App. P. 20.1, appellant is directed to immediately file with this Court a copy showing the trial court clerk’s file-stamp of appellant’s affidavit of indigency or a certified or sworn copy of the signed order overruling any contest to appellant’s affidavit of indigency, which was filed in the trial court. See Tex. R. App. P. 20.1(a), (c)(1), (f), (i)(4).
To date, appellant has not paid the filing fee. Appellant has not responded to the Court’s order of November 18, 2002. Accordingly, for the reasons set forth in the Court’s order of November 18, 2002, the appeal is dismissed for want of prosecution. See Tex. R. App. P. 5; 42.3(b). All other pending motions in this appeal are overruled as moot.
PER CURIAM
Panel consists of Justices Hedges, Nuchia, and Alcala.