Opinion
No. 04-06-00828-CV
Delivered and Filed: February 14, 2007.
Appeal from the 38th Judicial District Court, Medina County, Texas Trial Court No. 05-06-17412-CV Honorable Mickey R. Pennington, Judge Presiding.
Sitting: KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice.
MEMORANDUM OPINION
To date, appellant has failed to pay the applicable filing fee in this appeal. Texas Rule of Appellate Procedure 5 provides,
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.
Tex. R. App. P. 5
On January 11, 2007, we ordered appellant to either (1) pay the applicable filing fee in this appeal on or before January 22, 2007, or (2) provide written proof to this court that he is excused by statute or these rules from paying the filing fee on or before January 22, 2007. See Tex. R. App. P. 20.1 (providing that party who qualifies as indigent under rule 20 may proceed without advance payment of costs). We warned that if appellant failed to respond within the time provided, thisappeal would be dismissed. See Tex. R. App. P. 42.3(c).
To date appellant has failed to pay the filing fee or provide written proof that he is excused from paying the filing fee. We, therefore, dismiss this appeal. See id.
DISMISSED