
NO. 07-09-0082-CV



IN THE COURT OF APPEALS



FOR THE SEVENTH DISTRICT OF TEXAS



AT AMARILLO



PANEL C



MARCH 30, 2009

______________________________



APPARAJAN GANESAN, APPELLANT



V.



MALCOLM L. CARTER, ET AL., APPELLEE

_________________________________



FROM THE 47TH DISTRICT COURT OF POTTER COUNTY;



NO. 093372-00-A; HONORABLE HAL MINER, JUDGE

_______________________________





Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.

MEMORANDUM OPINION

On February 24, 2009, the clerk of this court received a copy of a “Request to the [trial] court to rescind its order and reinstate the case and stay all proceedings or in the alternate a Notice of Appeal” filed on behalf of appellant Apparajan Ganesan.   By letter from this Court dated March 3, 2009, we advised Ganesan that the “filing fee in the amount of $175.00 ha[d] not been paid.  Failure to pay the filing fee within ten (10) days from the date of this notice may result in a dismissal.  Tex. R. App. P. 42.3(c).”  
Tex. R. App. P.
 5. 

Ganesan has not paid the fee as directed nor has he filed an affidavit of indigence.  
See
 
Tex. R. App. P.
 
20.1.  Additionally, this court received a file marked copy of an order from the trial court granting “Defendant’s Motion to Set Aside Order,” presumably granting Ganesan’s requested relief.  Accordingly, this appeal is dismissed.  
Tex. R. App. P
. 42.3.





Mackey K. Hancock

          Justice	



