Opinion
No. 04-15-00726-CV
02-10-2016
Christine CUBIT, Appellant v. TONROY, INC. d/b/a Serv Pro of the Hill Country, Appellee
MEMORANDUM OPINION
From the County Court at Law, Kerr County, Texas
Trial Court No. 12787C
Honorable Susan Harris, Judge Presiding PER CURIAM Sitting: Karen Angelini, Justice Marialyn Barnard, Justice Rebeca C. Martinez, Justice DISMISSED
Texas Rule of Appellate Procedure 5 provides the following:
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.
Because appellant failed to pay the filing fee in this appeal, on December 22, 2015, we ordered appellant, on or before January 4, 2016 to either (1) pay the applicable filing fee or (2) provide written proof to this court that she is excused by statute or these rules from paying the filing fee. 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, this appeal would be dismissed. See TEX. R. APP. P. 42.3(c).
Appellant has not paid the filing fee or provided written proof that she is excused from paying the filing fee by the date ordered. We, therefore, dismiss this appeal. See id.
PER CURIAM