TIMOTHY BROOKS, Appellant v. DCFS USA LLC D/B/A MERCEDES BENZ FINANCIAL AND AS SERVICER FOR DAIMLER TRUST, Appellee

DISMISS and Opinion Filed February 8, 2010
 
 
 
In The
Court of Appeals
Fifth District of Texas at Dallas
............................
No. 05-09-01078-CV
............................
TIMOTHY BROOKS, Appellant
V.
DCFS USA LLC D/B/A MERCEDES BENZ FINANCIAL
AND AS SERVICER FOR DAIMLER TRUST, Appellee
 
.............................................................
On Appeal from the 401st Judicial District Court
Collin County, Texas
Trial Court Cause No. 401-02749-2008
.............................................................
OPINION NUNC PRO TUNC
Before Justices Morris, O'Neill, and Fillmore
 
        This appeal has been pending since September 9, 2009. By letter dated September 22, 2009, we directed appellant to pay the $175 filing fee within ten days. We cautioned appellant that if he failed to comply with the Court's instruction, the appeal would be dismissed. Nevertheless, to date, appellant has not paid the $175 filing fee. Accordingly, we DISMISS the appeal. See Tex. R. App. P. 42.3(c).
                                                          
                                                          PER CURIAM
 
Do Not Publish
Tex. R. App. P. 47
091078F.U05