Donald E. Jones, et al. v. Continental Illinois National Bank & Trust Co., et al.--Appeal from 88th District Court of Tyler County

MEMORANDUM OPINION
No. 04-03-00523-CV
Donald E. JONES,
Appellant
v.
CONTINENTAL ILLINOIS NATIONAL BANK & TRUST CO., et al.,
Appellees
From the 88th Judicial District Court, Tyler County, Texas
Trial Court No. 16,405
Honorable E.J. Smith, Judge Presiding

PER CURIAM

Sitting: Karen Angelini, Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: September 17, 2003

DISMISSED

To date, appellant has failed to pay the applicable filing fee in this appeal. Texas Rule of Appellate Procedure 5 provides,

A party who is not excused by statute or under 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.

Tex. R. App. P. 5.

On August 20, 2003, we ordered appellant to either (1) pay the applicable filing fee in this appeal on or before September 2, 2003 or (2) provide written proof to this court that appellant is excused by statute or under these rules from paying the filing fee on or before September 2, 2003. See Tex. R. App. P. 20.1 (providing that party who qualifies as indigent under rule 20 may proceed without advance payment of costs). We warned that if appellant failed to respond within the time provided, this appeal would be dismissed. See Tex. R. App. P. 42.3(c).

To date appellant has failed to pay the filing fee or provide written proof that he is excused from paying the filing fee. (1) We, therefore, dismiss this appeal. See id.

PER CURIAM

1. Appellant did file a document entitled "judicial notice." That document, however, does not in any way provide written proof that appellant is excused from paying the filing fee.