In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-02-01163-CV

____________

GEORGE VICTOR PELC, Appellant

V.

CECILIA JEAN LATHAM, Appellee

On Appeal from the 245th District Court

Harris County, Texas

Trial Court Cause No. 2002-26769

MEMORANDUM OPINION

On December 23, 2002, this Court issued an order that stated in part:

On November 18, 2002, appellant filed in this Court an affidavit of indigence. This affidavit of indigence is dismissed, however, because for appeals, affidavits of indigence must be filed in the trial court. See Tex. R. App. P. 20.1(c)(1). Accordingly, appellant is not entitled to proceed without advance payment of the appellate costs.

The $125 filing fee is past due, and by our order dated December 10, 2002, the appeal is subject to dismissal if it is not paid to this Court by December 27, 2002.

Subject to payment being made by appellant, the trial court clerk is ordered to file the clerk's record by January 21, 2003. If the clerk's record is not so filed by that time, the trial court clerk is ordered to advise this Court in writing of the reason why the clerk's record has not been filed. If the reason is the failure of appellant to pay for the clerk's record, appellant is advised that the appeal is subject to being dismissed. See Tex. R. App. P. 37.3(b).

To date, appellant has not paid the $125 filing fee, nor has the clerk's record been filed. Therefore, the appeal dismissed for want of prosecution.

It is so ORDERED.

PER CURIAM

Panel consist of Justices Hedges, Jennings and Alcala.