Jacob Castellanos and All Other Occupants v. Mortgage Electronic Registration Systems, Inc.--Appeal from County Court at Law No 5 of Bexar County

MEMORANDUM OPINION

No. 04-06-00360-CV

Jacob CASTELLANOS and All Other Occupants,

Appellant

v.

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.,

Appellee

From the County Court at Law Number 5, Bexar County, Texas

Trial Court No. 313010

Honorable Irene Rios, Judge Presiding

PER CURIAM

Sitting: Sarah B. Duncan , Justice

Karen Angelini , Justice

Sandee Bryan Marion , Justice

Delivered and Filed: July 19, 2006

DISMISSED

When Jacob Castellanos filed this appeal, he was required to pay a $125.00 filing fee. SeeTex. 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). Castellanos did not pay the required filing fee; accordingly, the clerk of this court notified Castellanos by letter of the deficiency and advised him the fee was due by June 19, 2006. On June 30, 2006, when the fee remained unpaid, this court ordered that Castellanos must, not later than July 10, 2006, 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 Castellanos 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 Castellanos has not otherwise responded to our June 30, 2006 order. We therefore order this appeal dismissed for want of prosecution. We further orderCastellanos to bear all costs of this appeal.

PER CURIAM