Dismissed and Memorandum Opinion filed February 17, 2005.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-00915-CV

____________

DARRELL AUGUSTINE, Appellant

V.

MONICA OLIVARES D/B/A SAN ANTONIO COMMERCIAL INSURANCE AGENCY AND STATE AND COUNTY MUTUAL FIRE INSURANCE COMPANY, Appellees

On Appeal from the 240th District Court

Fort Bend County, Texas

Trial Court Cause No. 03-CV-131216

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 August 4, 2004.  The notice of appeal was filed on September 3, 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 January 20, 2005, this 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 filing fee has not been paid, and appellant has not responded to this Court=s order of January 20, 2005.

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

PER CURIAM

Judgment rendered and Memorandum Opinion filed February 17, 2005.

Panel consists of Justices Edelman, Seymore, and Guzman.