Opinion
No. 04-05-00888-CV
Delivered and Filed: February 22, 2006.
Appeal from the 285th Judicial District Court, Bexar County, Texas, Trial Court No. 2004-PA-02391, Honorable Joe Frazier Brown, Jr., Judge Presiding.
Dismissed for Want of Prosecution.
Sitting: Alma L. LÓPEZ, Chief Justice, Catherine STONE, Justice, Rebecca SIMMONS, Justice.
MEMORANDUM OPINION
To date, appellant has failed to pay the applicable filing fee in this appeal. Texas Rule of Appellate Procedure 5 provides,
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.
On January 23, 2006, we ordered appellant to either (1) pay the applicable filing fee in this appeal or (2) provide written proof to this court that appellant is excused by statute or these rules from paying the filing fee on or before February 6, 2006 . 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).
To date appellant has failed to pay the filing fee or provide written proof that he is excused from paying the filing fee. We, therefore, dismiss this appeal. See id.