Dismissed and Opinion filed August 12, 2004.

In The

Fourteenth Court of Appeals

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NO. 14-04-00498-CV

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ANDREW TOLIVER, Appellant

V.

REGINA LEE, ET AL., Appellees

On Appeal from the 278th District Court

Walker County, Texas

Trial Court Cause No. 21,907

M E M O R A N D U M  O P I N I O N

This is an appeal from a judgment signed April 16, 2004.  The notice of appeal was filed on April 30, 2004.  To date, the filing fee of $125.00 has not been paid.  No proper affidavit of indigence was filed with or before the notice of appeal.  See Tex. R. App. P. 20.1.  Therefore, on June 17 , 2004, the Court issued an order stating that unless appellant paid the appellate filing fee of $125.00 within fifteen days of the date of the order, the appeal would be dismissed.  The Court then granted appellant one extension to pay the filing fee until July 21, 2004.  The filing fee has not been paid.

Further, no clerk=s record has been filed.  The clerk responsible for preparing the record in this appeal informed the court appellant did not make arrangements to pay for the record.  On June 29, 2004, notification was transmitted to all parties of the Court=s intent to dismiss the appeal for want of prosecution unless, within fifteen days, appellant paid or made arrangements to pay for the record and provided this court with proof of payment.  See Tex. R. App. P. 37.3(b).  Appellant filed no response.

Accordingly, the appeal is ordered dismissed.  See Tex. R. App. P. 42.3(c). 

PER CURIAM

Judgment rendered and Opinion filed August 12, 2004.

Panel consists of Justices Yates, Anderson, and Hudson.