PER CURIAM

Sitting: Karen Angelini, Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: March 31, 2004

DISMISSED

Appellant Michael Allen Murchison ("Murchison") has failed to pay the applicable filing fee in this appeal. Texas Rule of Appellate Procedure 5 provides,

A party who is not excused by statute or these rules from paying costs must pay--at the time an item is presented for filing--whatever fees are required by statute or Supreme Court order. The appellate court may enforce this rule by any order that is just.

Tex. R. App. P. 5. We, therefore, on March 3, 2004, ordered Murchison to pay the applicable filing fee within ten days or warned that we would dismiss his appeal. ⁽¹⁾

Despite our order of March 3rd, Murchison has wholly failed to pay the applicable filing fee. We, therefore, dismiss this appeal. See Tex. R. App. P. 42.3(c).

PER CURIAM

1. In our order of March 3, 2004, we also explained that because Murchison did not timely file an affidavit of indigence with or before his notice of appeal, he failed to establish indigence under Texas Rule of Appellate Procedure 20.1.