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COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-07-419-CV
CARL B. JOHNSON APPELLANT
V.
TUNYA Y. ALEXANDER APPELLEE
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FROM THE 360TH DISTRICT COURT OF TARRANT COUNTY
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MEMORANDUM OPINION[1] AND JUDGMENT
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Appellant filed his notice of appeal on November 14, 2007, in which he stated that he is indigent. He did not, however, file an affidavit of indigence in the trial court with or before the notice of appeal, as required by rule 20.1(c)(1) of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 20.1(c)(1). On December 10, 2007, we notified appellant that, to proceed without advance payment of costs, the appellate rules required him to file an affidavit of indigence complying with rule 20.1 in the trial court. See Tex. R. App. P. 20.1. We also asked appellant to inform the court when he had done so.
Because we had not received any notification that appellant had filed an affidavit of indigence, we notified him on November 29, 2007, and January 8, 2008, in accordance with rule of appellate procedure 42.3(c), that we would dismiss this appeal unless the $175 filing fee was paid. See Tex. R. App. P. 42.3(c). Appellant has not paid the $175 filing fee. See Tex. R. App. P. 5, 12.1(b).
Because appellant has failed to comply with a requirement of the rules of appellate procedure and the Texas Supreme Court=s order of August 28, 2007,[2] we dismiss the appeal. See Tex. R. App. P. 42.3(c), 43.2(f).
Appellant shall pay all costs of this appeal, for which let execution issue. See Tex. R. App. P. 43.4.
PER CURIAM
PANEL D: MCCOY, J.; CAYCE, C.J.; and LIVINGSTON, J.
DELIVERED: January 31, 2008
[1]See Tex. R. App. P. 47.4.
[2]See Supreme Court of Tex., 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 (Aug. 28, 2007) (listing fees in court of appeals).