Dismissed and Memorandum Opinion filed November 19, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-09-00710-CV

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RONALD PINGOR, Appellant

V.

MELISSA G. FERTEL, Appellee

On Appeal from the 312th District Court

Harris County, Texas

Trial Court Cause No. 2008-76238

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 July 29, 2009.  The notice of appeal was filed on August 6, 2009.  To date, our records show that appellant has neither established indigence nor paid the $175.00 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 and Before the Judicial Panel on Multidistrict Litigation, Misc. Docket No. 07-9138 (Tex. Aug. 28, 2007) (listing fees in court of appeals); Tex. Gov=t Code Ann. ' 51.207 (Vernon 2005) (same).

After being given the requisite notice that this appeal was subject to dismissal, appellant has not paid the filing fee in accordance with our order of October 1, 2009. 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).

Accordingly, the appeal is ordered dismissed. 

PER CURIAM

Panel consists of Justices Yates, Frost, and Brown.