Dismissed and Memorandum Opinion filed October 13, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-05-00917-CV

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JOSEPH DINGLER, Appellant

V.

J. EDWARDS, ET AL., Appellees

On Appeal from the 12th District Court

Walker County , Texas

Trial Court Cause No. 23020

M E M O R A N D U M  O P I N I O N

This appeal is from a judgment signed June 7, 2005.  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 Septemeber 6, 2005, 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 a response and a declaration of indigence.  An affidavit of indigence must be filed in the trial court with or before the filing of the notice of appeal.  Tex. R. App. P. 20.1(c)(1).  Appellant has not established that he timely filed an affidavit of indigence with the trial court.  The declaration of indigence filed in this court is untimely and was filed in the wrong court.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed October 13, 2005.

Panel consists of Justices Hudson, Frost, and Seymore.