Opinion
No. 04-05-00145-CV
Delivered and Filed: May 18, 2005.
Appeal from the County Court at Law, Kerr County, Texas, Trial Court No. 04-148-C, Honorable Spencer W. Brown, Judge Presiding.
Dismissed.
Sitting: Sarah B. DUNCAN, Justice, Karen ANGELINI, Justice, Sandee Bryan MARION, Justice.
MEMORANDUM OPINION
When Theresa Rodriquez filed this appeal, she was required to pay a $125.00 filing fee. See Tex. Gov't Code Ann. § 51.207(b)(1) and § 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). Rodriquez did not pay the required filing fee; accordingly, in a letter dated March 10, 2005, the clerk of this court notified Rodriquez of the deficiency. On April 13, 2005, when the fee remained unpaid, this court ordered that Rodriquez must, not later than April 25, 2005, 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 Rodriquez that if she 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 Rodriquez has not otherwise responded to our April 13, 2005, order. We therefore order this appeal dismissed for want of prosecution. We further order Rodriquez to bear all costs of this appeal.