Opinion
No. 04-05-00762-CV
Delivered and Filed: January 25, 2006.
Appeal from the County Court at Law No. 1, Webb County, Texas, Trial Court No. 2004-Cvq-00485-C1, Honorable Alvino (Ben) Morales, Judge Presiding.
Dismissed.
Sitting: Sarah B. DUNCAN, Justice, Karen ANGELINI, Justice, Sandee Bryan MARION, Justice.
MEMORANDUM OPINION
When Raul Francisco Garza filed this appeal, he was required to pay a $125.00 filing fee. See Tex. Gov't Code Ann. §§ 51.207(b)(1), 51.941(a)(1) (Vernon 2005); 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). Garza did not pay the required filing fee; accordingly, his appeal was only conditionally filed and the clerk of this court notified Garza by letter of the deficiency. On December 30, 2005, when the fee remained unpaid, this court ordered that Garza must, not later than January 10, 2006, either (1) pay the applicable filing fee or (2) provide written proof to this court that she 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 Garza 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 Garza has not otherwise responded to our December 30, 2006 order. We therefore order this appeal dismissed for want of prosecution. We further order Garza to bear all costs of this appeal.