Opinion
No. 13-03-631-CV.
Opinion delivered and filed May 6, 2004.
On appeal from the 308th District Court of Harris County, Texas.
Before Justices RODRIGUEZ, CASTILLO, and GARZA.
MEMORANDUM OPINION
Appellant, FREDERICK B. WRIGHT, perfected an appeal from a judgment entered by the 308th District Court of Harris County, Texas, in cause number 9601128. The notice of appeal was filed on September 12, 2003.
Upon inspection of the notice of appeal, it appeared that said notice of appeal did not comply with TEX. R. APP. P. 25.1(e). Notice of this defect was given to appellant, and on December 8, 2003, appellant's amended notice of appeal was received in this Court. Said amended notice of appeal failed to comply with TEX. R. APP. P. 25.1(e).
Pursuant to Tex. Gov't Code § 51.207(b)(1) and § 51.941(a)(1), a filing fee in the amount of $125.00 is due upon the filing of an appeal. To date, appellant has failed to pay the filing fee.
On January 28, 2004, pursuant to Tex.R.App.P. 42.3(c), notice was given to appellant that this appeal was subject to dismissal for failure to comply with the rules of appellate procedure and this Court's notice. Appellant was advised that, unless the defects were corrected within ten days from the date of receipt of this Court's notice or grounds were given for continuing the appeal, this appeal would be dismissed. To date, appellant has failed to respond to this Court's notice.
The Court, having considered the documents on file and appellant's failure to comply with the rules, is of the opinion that the appeal should be dismissed. The appeal is hereby DISMISSED.