On September 28, 2009, we notified the parties that the appeal would be dismissed unless the appellant remitted the filing fee for the appeal. Appellant did not respond to the notice.

Appellant did not pay the filing fee for the appeal. Appellant neither filed an affidavit of indigence on appeal nor asserted that he is entitled to proceed without payment of costs. See Tex. R. App. P. 20.1. There being no satisfactory explanation for the appellant's failure to pay the filing fee for the appeal after notice and opportunity to cure, the appeal is dismissed for want of prosecution. See Tex. R. App. P. 42.3.

APPEAL DISMISSED.

____________________________

HOLLIS HORTON

Justice

Opinion Delivered October 29, 2009

Before Gaultney, Kreger, and Horton, JJ.