11th Court of Appeals

Eastland, Texas

Memorandum Opinion

Theodore Flanagan

            Appellant

Vs.                  No. 11-04-00083-CV -- Appeal from Mitchell County

Eric Glenn

            Appellee

            Theodore Flanagan has perfected this appeal from the trial court’s dismissal of his civil action. Flanagan did not file an affidavit of inability to pay costs on appeal when he filed his notice of appeal. TEX.R.APP.P. 20.1. Therefore, the clerk of this court wrote Flanagan requesting the required filing fee and informing him that failure to pay the filing fee might result in the dismissal of this appeal. TEX.R.APP.P. 42.3(c).

            In response to our letter of April 2, 2004, Flanagan has informed this court in writing that he filed an affidavit in 2003. Flanagan also protests that this court is “pulling ‘techs’” on him and that these actions “can’t be nothing but politically motivated.”

            TEX.R.APP.P. 5 requires that a party who is not excused by statute or the appellate rules must pay the appropriate filing fee as established by the Texas Supreme Court. Flanagan is not excused by statute from paying the filing fee, and he has failed to comply with the requirements of Rule 20.1(a), (b), & (c)(1). Absent a proper affidavit, the payment of a filing fee is required. Rule 5; Vineyard v. Collier, 994 S.W.2d 403 (Tex.App. - Eastland 1999, per curiam order).

            The appeal is dismissed.

                                                                                    PER CURIAM

May 6, 2004

Not designated for publication. See TEX.R.APP.P. 47.2(a).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.