Opinion
No. 05-09-01078-CV
Opinion Filed February 8, 2010. DO NOT PUBLISH. Tex. R. App. P. 47.
On Appeal from the 401st Judicial District Court, Collin County, Texas, Trial Court Cause No. 401-02749-2008.
Before Justices MORRIS, O'NEILL, and FILLMORE.
OPINION NUNC PRO TUNC
This appeal has been pending since September 9, 2009. By letter dated September 22, 2009, we directed appellant to pay the $175 filing fee within ten days. We cautioned appellant that if he failed to comply with the Court's instruction, the appeal would be dismissed. Nevertheless, to date, appellant has not paid the $175 filing fee. Accordingly, we DISMISS the appeal. See Tex. R. App. P. 42.3(c).