Dismissed and Memorandum Opinion filed October 29, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-09-00763-CV

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SYED FAISAN AHMED, Individually and Derivatively on Behalf of FINE INTERIORS SOURCE, INC., and SYED REHAN AHMED, Appellants

V.

KHANZADA J. AHMED, FINE INTERIORS & DESIGNS, INC., and OMAR KASANI, Appellees

On Appeal from the 269th District Court

Harris County, Texas

Trial Court Cause No. 2007-04547

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 June 1, 2009. A motion for new trial was timely filed and appellants’ notice of appeal was filed September 1, 2009. The record has not been filed in this appeal.

Our records show that appellants have 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).

On October 8, 2009, the court ordered appellants to pay the appellate filing fee, and advised appellants that the appeal was subject to dismissal if appellants failed to comply. 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). On October 13, 2009, appellants filed a “Notice of No Action,” informing the court that appellants have not made arrangements to pay for the record on appeal or the appellate filing fee.

Accordingly, the appeal is ordered dismissed. 

PER CURIAM

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