Opinion
No. 07-07-0354-CV
September 26, 2007.
Appeal from the 222nd District Court of Deaf Smith County, No. DR-06A-019; Hon. Roland D. Saul, Presiding.
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
DISMISSAL
Appellant Juan Cano filed a notice of appeal on September 6, 2007. However, he did not pay the $125 filing fee required from appellants under Texas Rule of Appellate Procedure 5. Nor did he file an affidavit of indigence per Texas Rule of Appellate Procedure 20.1. By letter from this Court dated September 6, 2007, we informed appellant that "the filing fee in the amount of $125.00 has not been paid. . . . Failure to pay the filing fee within ten (10) days from the date of this notice may result in a dismissal." Tex. R. App. P. 42.3(c); see Holt v. F. F. Enterprises, 990 S.W.2d 756 (Tex.App.-Amarillo 1998, pet. ref'd). The deadline lapsed, and the fee was not received.
Because appellant has failed to pay the requisite filing fee as directed by the court, we dismiss him and his attempt to appeal pursuant to Texas Rule of Appellate Procedure 42.3(c). The proceeding will continue as to the remaining parties.