PER CURIAM

Appellant filed a motion to dismiss the appeal. We grant the motion. Tex. R. App. P. 59(a)(1). We note that appellant perfected appeal by a "Notice of Appeal," which is not a correct perfecting instrument in a civil case. Although the appeal is dismissed before appellant has substituted a correct perfecting instrument, inasmuch as he has not shown he is indigent, the filing fee for the transcript remains due.

Before Justices Powers, Jones and B. A. Smith

Dismissed on Appellant's Motion

Filed: April 24, 1996

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