Dismissed and Memorandum Opinion filed January 28, 2010.

In The

Fourteenth Court of Appeals

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NO. 14-09-00858-CV

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BARBARA YOUNG SETTLES, Appellant

V.

JOHN F. ROBERT, INDEPENDENT EXECUTOR, Appellee

On Appeal from the Probate Court No. 2

Harris County, Texas

Trial Court Cause No. 301,383

MEMORANDUM OPINION

This is an appeal from a judgment signed September 2, 2009.  The notice of appeal was filed on October 1, 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).

On December 3, 2009, this court ordered appellant to pay the appellate filing fee on or before January 5, 2010, or the appeal would be dismissed.  Appellant has not paid the appellate filing fee.  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 Justices Yates, Seymore, and Brown.