On March 27, 2008, we notified the parties that the filing fee for the appeal had not been paid and that the appeal would be dismissed unless the appellant paid the fee. The appellant did not reply to our correspondence.

Harry Freeman filed notice of appeal but did not file an affidavit of indigence and is not entitled to proceed without payment of costs. See Tex. R. App. P. 20.1. Although warned that the appeal would be dismissed unless the appellant remitted the filing fee or established his inability to pay the fee, Freeman failed to pay the filing fee for the appeal. The appellant failed to comply with a requirement of the Rules of Appellate Procedure and also failed to comply with a notice from the Clerk of the Court of Appeals. See Tex. R. App. P. 42.3(c).

There being no satisfactory explanation for the appellant's failure to pay the filing fee or to respond to the clerk's notice that the appellant must either pay the filing fee or submit an affidavit of indigence, we dismiss the appeal. Tex. R. App. P. 42.3. Costs are assessed against the appellant.

APPEAL DISMISSED.

____________________________

HOLLIS HORTON

Justice

Opinion Delivered May 1, 2008

Before McKeithen, C.J., Gaultney and Horton, JJ.