Opinion
No. 07-05-0343-CV
November 8, 2005.
Appeal from the County Court at Law No. 3 of Lubbock County, No. 2005-597,010, Honorable Paula Lanehart, Judge.
Panel C: Before QUINN, C.J., and REAVIS and HANCOCK, JJ.
MEMORANDUM OPINION
By letter dated October 24, 2005, this Court directed appellant Kerwin Gibbs to pay the required filing fee of $125 by November 3, 2005, before any further action could be taken in this appeal, noting that failure to do so might result in dismissal. Unless a party is excused from paying a filing fee, the Clerk of this Court is required to collect filing fees set by statute or the Supreme Court when an item is presented for filing. See Tex.R.App.P. 5 and 12.1(b). Although the filing of a notice of appeal invokes this Court's jurisdiction, if a party fails to follow the prescribed rules of appellate procedure, the appeal may be dismissed. Tex.R.App.P. 25.1(b). Thus, because the filing fee of $125 remains unpaid, we must dismiss the appeal.
Accordingly, the appeal is dismissed for failure to comply with the Texas Rules of Appellate Procedure and with a notice from the Clerk requiring payment of the filing fee within ten days. Tex.R.App.P. 42.3(c).