Opinion
No. 04-07-00534-CV
Delivered and Filed: September 26, 2007.
Appeal from the 216th Judicial District Court, Bandera County, Texas, Trial Court No. 5947-94, Honorable Susan Harris Cooper, Judge Presiding.
DISMISSED FOR WANT OF PROSECUTION.
Sitting: CATHERINE STONE, Justice, KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice.
MEMORANDUM OPINION
When appellant filed this appeal, she 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). Appellant, however, did not pay the required filing fee; accordingly, the clerk of this court notified appellant by letter of the deficiency and advised her the fee was due by August 20, 2007. On August 23, 2007, when the fee remained unpaid, this court ordered that appellant, not later than September 4, 2007, 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 appellant that if she failed to respond satisfactorily within the time ordered, the appeal would be dismissed. See Tex. R. App. P. 42.3.
To date, appellant has neither paid the filing fee nor responded to our order. We therefore order this appeal dismissed for want of prosecution. We further order appellant to bear all costs of this appeal.