Opinion
No. 14-09-00678-CV
Opinion filed November 5, 2009.
On Appeal from the 151st District Court Harris County, Texas, Trial Court Cause No. 2006-08764.
Panel consists of Chief Justice HEDGES, Justices ANDERSON and BOYCE.
MEMORANDUM OPINION
This is an appeal from a judgment signed June 30, 2009. The notice of appeal was filed on August 3, 2009. To date, our records show that appellant has neither established it is excused from paying costs nor paid the $175.00 appellate filing fee. See Tex. R. App. P. 5 (requiring payment of fees in civil cases unless excused); 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 September 24, 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.