Dismissed and Memorandum Opinion filed February 26, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-09-00034-CV

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DARRYL T. ANDERSON, Appellant

V.

RICHARD P. STOUT and SHIRLEY STOUT, Appellees

On Appeal from the County Court at Law

Polk County, Texas

Trial Court Cause No. CV02556

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 November 26, 2008.  The notice of appeal was filed December 5, 2008.  The clerk=s record was filed January 12, 2009.  To date, the appellate filing fee of $175.00 has not been paid.  See Tex. R. App. P. 5 (requiring payment of fees in civil cases unless indigent); 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, 2009) (listing fees in court of appeals);  Tex. Gov=t Code Ann. ' 51.207 (Vernon 2005) (same).  No evidence that appellant has established indigence has been filed.  See Tex. R. App. P. 20.1. 

After being given the requisite notice that this appeal was subject to dismissal, appellant has not paid the filing fee in accordance with our orders of January 15, 2009 and February 5, 2009.^[1]  See Tex. R. App. P. 42.3.  Accordingly, the appeal is ordered dismissed.  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). 

PER CURIAM

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