CONNELL SPAIN AND PROCEEDING                                                         APPELLANT
NEXT FRIEND FOR BRANDI LASHAUN SPAIN,
A CHILD

WASTE MANAGEMENT OF TEXAS, INCORPORATED                                     APPELLEE

Appellant Connell Spain filed a notice of appeal in this case on November 15, 2002. On January 3, 2003, we sent him a letter stating that we would dismiss the appeal if he did not pay the $125 filing fee by January 13, 2003 as required by rule 5. Tex. R. App. P. 5. He has not paid the fee.

In addition, appellee Waste Management of Texas Incorporated has filed a motion to dismiss this appeal because appellant did not file an affidavit of indigency with his notice of appeal in accordance with rule 20.1. Tex. R. App. P. 20.1. Accordingly, we grant appellee's motion and dismiss the appeal because appellant has not complied with either rule 5 or rule 20.1. Tex. R. App. P. 5, 20.1, 42.3. However, we deny appellee's request for damages. See Tex. R. App. P. 45.

Because we are dismissing this appeal, we need not address appellant's motion to disqualify counsel for appellee. See Tex. R. App. P. 47.1.

                                                                               PER CURIAM

PANEL D: LIVINGSTON, DAUPHINOT, and HOLMAN, JJ.

[DELIVERED FEBRUARY 6, 2003]

1. See Tex. R. App. P. 47.4.