Opinion
No. 04-04-00401-CV
Delivered and Filed: August 4, 2004.
Appeal from the 288th Judicial District Court, Bexar County, Texas, Trial Court No. 2004-EM5-00636, Honorable Frank Montalvo, Judge Presiding.
Dismissed.
Sitting: Sarah B. DUNCAN, Justice, Karen ANGELINI, Justice, Sandee Bryan MARION, Justice.
MEMORANDUM OPINION
When Roger Paez, Jr., filed this appeal, he was required to pay a $125.00 filing fee. See Tex. Gov't Code Ann. § 51.207(b)(1) and § 51.941(a)(1) (Vernon Supp. 2003); Texas Supreme Court Order Regarding Fees Charged In Civil Cases In the Supreme Court and the Courts of Appeals (July 21, 1998) § B.1.(a). Paez did not pay the required filing fee; accordingly, in a letter dated June 7, 19, 2004, the clerk of this court notified Paez of the deficiency. On June 29, 2004, when the fee remained unpaid, this court ordered that Paez must, not later than July 9, 2004, either (1) pay the applicable filing fee or (2) provide written proof to this court that he is excused by statute or the Texas Rules of Appellate Procedure from paying the fee. See Tex.R.App.P. 5 ("A party who is not excused by statute or these rules from paying costs must pay — at the time an item is presented for filing — whatever fees are required by statute or Supreme Court order. The appellate court may enforce this rule by any order that is just."). The court advised Paez that if he failed to respond satisfactorily within the time ordered, the appeal would be dismissed. See Tex.R.App.P. 42.3.
The filing fee has not been paid; and Paez has not otherwise responded to our June 29, 2004 order. We therefore order this appeal dismissed for want of prosecution. We further order Paez to bear all costs of this appeal.