NO. 07-09-0082-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL C
MARCH 30, 2009
______________________________
APPARAJAN GANESAN, APPELLANT
V.
MALCOLM L. CARTER, ET AL., APPELLEE
_________________________________
FROM THE 47TH DISTRICT COURT OF POTTER COUNTY;
NO. 093372-00-A; HONORABLE HAL MINER, JUDGE
_______________________________
Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.
MEMORANDUM OPINION
On February 24, 2009, the clerk of this court received a copy of a “Request to the [trial] court to rescind its order and reinstate the case and stay all proceedings or in the alternate a Notice of Appeal” filed on behalf of appellant Apparajan Ganesan. By letter from this Court dated March 3, 2009, we advised Ganesan that the “filing fee in the amount of $175.00 ha[d] not been paid. Failure to pay the filing fee within ten (10) days from the date of this notice may result in a dismissal. Tex. R. App. P. 42.3(c).” Tex. R. App. P. 5.
Ganesan has not paid the fee as directed nor has he filed an affidavit of indigence. See Tex. R. App. P. 20.1. Additionally, this court received a file marked copy of an order from the trial court granting “Defendant’s Motion to Set Aside Order,” presumably granting Ganesan’s requested relief. Accordingly, this appeal is dismissed. Tex. R. App. P . 42.3.
Mackey K. Hancock
Justice