Dismissed and Memorandum Opinion filed January 5, 2006.

In The

Fourteenth Court of Appeals

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NO. 14-05-01050-CV

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DAWN JOHNSON WHATLEY, INDIVIDUALLY AND AS ATTORNEY IN FACT FOR TERRY LEE WHATLEY, Appellants

V.

HON. MIKE WOOD, Appellee

On Appeal from the 333rd District Court

Harris County, Texas

Trial Court Cause No. 05-50253A

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 September 6, 2005.  The notice of appeal was filed on September 6, 2005.  To date, our records show that appellant has neither established indigence nor paid the $125.00 appellate filing fee.  See Tex. R. App. P. 5 (requiring payment of fees in civil cases unless indigent);Tex. R. App. P. 20.1 (listing requirements for establishing indigence); see also Order Regarding Fees Charged in Civil Cases in the Supreme Court and the Courts of Appeals, Misc. Docket No. 98-9120 (Tex. Jul. 21, 1998) (listing fees in court of appeals); Tex. Gov=t Code Ann. ' 51.207 (Vernon Supp.2004-05) (same).

After being notified that this appeal was subject to dismissal, appellant did not  respond.  Accordingly, the appeal is ordered dismissed.  See Tex. R. App. P. 42.3(c) (allowing involuntary dismissal of case because appellant has failed to comply with notice from clerk requiring response or other action within specified time). 

PER CURIAM

Judgment rendered and Memorandum Opinion filed January 5, 2006.

Panel consists of Justices Fowler, Edelman, and Guzman.