Dismissed and Memorandum Opinion filed October 11, 2007.

In The

Fourteenth Court of Appeals

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NO. 14-07-00628-CV

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JON RICHARD O=KANE, Appellant

V.

MITCHELL CHUOKE, JR., and THERESA L. BRADY as Independent Executrix of the Estate of James C. Brady, Appellees

On Appeal from the 10th District Court

Galveston County, Texas

Trial Court Cause No. 05-CV-0937

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 5, 2007.  Appellant filed a timely motion for new trial.  Appellant=s notice of appeal was filed June 8, 2007. 

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).  On August 14, 2007, the court notified appellant that the filing fee was past due and the appeal was subject to dismissal.  Appellant filed no response.

On August 30, 2007, this Court ordered appellant to pay the appellate filing fee by September 17, 2007.  No response was filed.

The clerk=s record was filed on August 9, 2007, and the reporter=s record was filed August 6, 2007.  To date, no brief or motion for extension of time has been filed.  On September 18, 2007, the court notified appellant that his brief was late and advised him to respond by September 28, 2007.  Again, appellant failed to respond. 

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed October 11, 2007.

Panel consists of Chief Justice Hedges and Justices Anderson and Seymore.