In the Interest of R.G., III, a Child--Appeal from 79th Judicial District Court of Jim Wells County

MEMORANDUM OPINION

No. 04-06-00818-CV

IN THE INTEREST OF R.G., A CHILD

From the 79th Judicial District Court, Jim Wells County, Texas

Trial Court No. 04-03-42305-CV

Honorable Richard C. Terrell , Judge Presiding

PER CURIAM

Sitting: Catherine Stone , Justice

Karen Angelini , Justice

Sandee Bryan Marion , Justice

Delivered and Filed: February 7, 2007

DISMISSED FOR WANT OF PROSECUTION

When appellant Roy Gomez, 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). Appellant, however, did not pay the required filing fee; accordingly, the clerk of this court notified appellant by letter of the deficiency and advised him the fee was due by December 15, 2006. On January 11, 2007, when the fee remained unpaid, this court ordered that appellant, not later than January 22, 2007, 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 appellant that if he failed to respond satisfactorily within the time ordered, the appeal would be dismissed. See Tex. R. App. P. 42.3.

To date, appellant has neither paid the filing fee nor responded to our order. We therefore order this appeal dismissed for want of prosecution. We further order appellant to bear all costs of this appeal.

PER CURIAM