JAMES M. SUMMERS, Appellant v. CITY OF COPPELL, TX, Appellee

DISMISS; Opinion filed November 4, 2009.
 
 
 
In The
Court of Appeals
Fifth District of Texas at Dallas
............................
No. 05-09-01054-CV
............................
JAMES M. SUMMERS, Appellant
V.
CITY OF COPPELL, TX, Appellee
.............................................................
On Appeal from the 95th Judicial District Court
Dallas County, Texas
Trial Court Cause No. TX-31332
.............................................................
MEMORANDUM OPINION
Before Justices Bridges, Lang, and Lang-Miers
 
        This appeal has been pending since September 2, 2009. By letter dated September 4, 2009, we directed appellant to pay the $175 filing fee within ten days. We cautioned appellant that if he failed to comply with the Court's instruction, the appeal would be dismissed. Nevertheless, to date, appellant has not paid the $175 filing fee. Accordingly, we DISMISS the appeal. See Tex. R. App. P. 42.3(c).
                                                          
                                                          PER CURIAM
 
Do Not Publish
Tex. R. App. P. 47
091054F.P05