Opinion
No. 12-04-00310-CV
Opinion delivered November 3, 2004.
Appeal from the 7th Judicial District Court of Smith County, Texas.
Panel consisted of WORTHEN, C.J., GRIFFITH, J., and DeVASTO, J.
MEMORANDUM OPINION
This appeal is being dismissed for failure to comply with the Texas Rules of Appellate Procedure. TEX. R. APP. P. 42.3.
On October 14, 2004, this Court issued a notice advising Appellant that the filing fee in this appeal was due to have been paid on or before October 11, 2004 but had not been received. See Tex.R.App.P. 5 (requiring payment of filing fee at time an item is presented for filing). The notice further provided that unless the filing fee were paid on or before October 25, 2004, the appeal would be presented for dismissal in accordance with Rule 42.3. The time for paying the filing fee has expired, and Appellant has not complied with the Court's request. Because Appellant has failed, after notice, to comply with Rule 5, the appeal is dismissed. TEX. R. APP. P. 42.3(C).