Marcos Lopez v. Alan Clark, M.D.--Appeal from 7th District Court of Smith County

NO. 12-04-00310-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

MARCOS LOPEZ, APPEAL FROM THE 7TH

APPELLANT

V. JUDICIAL DISTRICT COURT OF

ALAN CLARK, M.D.

APPELLEE SMITH COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

This appeal is being dismissed for failure to comply with the Texas Rules of Appellate Procedure. Tex. R. App. P. 42.3.

On October 14, 2004, this Court issued a notice advising Appellant that the filing fee in this appeal was due to have been paid on or before October 11, 2004 but had not been received. See Tex. R. App. P. 5 (requiring payment of filing fee at time an item is presented for filing). The notice further provided that unless the filing fee were paid on or before October 25, 2004, the appeal would be presented for dismissal in accordance with Rule 42.3. The time for paying the filing fee has expired, and Appellant has not complied with the Court s request. Because Appellant has failed, after notice, to comply with Rule 5, the appeal is dismissed. Tex. R. App. P. 42.3(c).

Opinion delivered November 3, 2004.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

(PUBLISH)