11th Court of Appeals

Eastland, Texas

Memorandum Opinion

John Douglas Simmons

            Appellant

Vs.                  No. 11-03-00367-CV – Appeal from Midland County

Alan Thompson, Southwest Cattle Growers

Association, Mitchell Stanley, Greg Stanley,

Joe Watters, and Midland County, Texas

             Appellees

            John Douglas Simmons failed to file an affidavit of inability to pay when he filed his notice of appeal. Simmons also failed to pay the required filing fee.

            On December 3, 2003, the clerk of this court notified Simmons that, unless the required filing fee was paid by December 18, 2003, the appeal would be dismissed. There has been no response to the clerk’s December 3 letter.

            The appeal is dismissed.

                                                                                                PER CURIAM

January 8, 2004

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

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

McCall, J., not participating.