Carlos Andrade v. Simon Velasquez and Glenda Velasquez--Appeal from 38th Judicial District Court of Medina County

MEMORANDUM OPINION

No. 04-06-00828-CV

Carlos ANDRADE,

Appellant

v.

Simon VELASQUEZ and Glenda Velasquez ,

Appellees

From the 38th Judicial District Court, Medina County, Texas

Trial Court No. 05-06-17412-CV

Honorable Mickey R. Pennington , Judge Presiding

PER CURIAM

Sitting: Karen Angelini , Justice

Sandee Bryan Marion , Justice

Phylis J. Speedlin , Justice

Delivered and Filed: February 14, 2007

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 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 January 11, 2007, we ordered appellant to either (1) pay the applicable filing fee in this appeal on or before January 22, 2007, or (2) provide written proof to this court that he is excused by statute or these rules from paying the filing fee on or before January 22, 2007. 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, thisappeal 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. We, therefore, dismiss this appeal. See id.

PER CURIAM