Leonard B. Conrad, Jr. v. Mary K. Conrad--Appeal from County Court at Law No 7 of Bexar County

MEMORANDUM OPINION

No. 04-05-00604-CV

Leonard B. CONRAD Jr.,

Appellant

v.

Mary K. CONRAD,

Appellee

From the County Court at Law No. 7, Bexar County, Texas

Trial Court No. 303511

Honorable Karen Crouch, Judge Presiding

PER CURIAM

Sitting: Sarah B. Duncan, Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: October 26, 2005

DISMISSED

When Leonard B. Conrad 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). Conrad did not pay the required filing fee; accordingly, in a letter dated August 23, 2005, the clerk of this court notified Conrad of the deficiency. On September 22, 2005, when the fee remained unpaid, this court ordered that Conrad must, not later than October 3, 2005, 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 Conrad 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 Conrad has not otherwise responded to our September 22, 2005 order. We therefore order this appeal dismissed for want of prosecution. We further order Leonard B. Conrad Jr. to bear all costs of this appeal.

PER CURIAM