Opinion
No. 04-06-00013-CV
Delivered and Filed: April 26, 2006.
Appeal from the 57th Judicial District Court, Bexar County, Texas, Trial Court No. 2002-CI-13940, Honorable John J. Specia, Jr., Judge Presiding.
Dismissed.
Sitting: Sarah B. DUNCAN, Justice, Karen ANGELINI, Justice, Sandee Bryan MARION, Justice.
MEMORANDUM OPINION
When Sandy Steen, Jr. filed this appeal, he 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). Steen did not pay the required filing fee; accordingly, in a letter dated January 5, 2006, the clerk of this court notified Steen of the deficiency. On April 3, 2006, when the fee remained unpaid, this court ordered that Steen must, not later than April 14, 2006, either (1) pay the applicable filing fee or (2) provide written proof to this court that he 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 Steen that if he 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 Steen has not otherwise responded to our April 3, 2006 order. We therefore order this appeal dismissed for want of prosecution. We further order Steen to bear all costs of this appeal.