Opinion
No. 04-11-00520-CV
Delivered and Filed: October 5, 2011.
Appealed from the 131st Judicial District Court, Bexar County, Texas, Trial Court No. 2006-CI-03518, Honorable John D. Gabriel, Jr., Judge Presiding.
DISMISSED.
Sitting: CATHERINE STONE, Chief Justice, STEVEN C. HILBIG, Justice, MARIALYN BARNARD, Justice.
MEMORANDUM OPINION
When this appeal was filed, appellant Karim Abdul Raheem was required to pay a $175.00 filing fee. See TEX. GOV'T CODE ANN. §§ 51.207(b)(1), 51.941(a) (West 2005); id. §§ 51.208, 51.0051 (West Supp. 2010); TEXAS SUPREME COURT ORDER REGARDING FEES CHARGED IN CIVIL CASES IN THE SUPREME COURT AND THE COURTS OF APPEALS AND BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION (Misc. Docket No. 07-9138, Aug. 28, 2007)§ B.1.(a). Appellant did not pay the required filing fee; accordingly, the clerk of this court notified appellant by letter on July 22, 2011, that his notice of appeal was conditionally filed and the filing fee was due no later than August 5, 2011. On August 25, 2011, when the fee remained unpaid, this court ordered that appellant must, not later than September 16, 2011, either (1) pay the applicable filing fee or (2) provide written proof to this court that he is indigent or otherwise 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 payCat the time an item is presented for filingCwhatever 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 appellant 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 appellant has not otherwise responded to our August 25, 2011, order. We therefore dismiss this appeal for want of prosecution.