Elite Imports and SUV's, Inc. and Richard Bakke v. Angela Huser--Appeal from County Court At Law No 10 of Bexar County

MEMORANDUM OPINION

No. 04-06-00652-CV
ELITE IMPORTS AND SUV'S, INC. and Richard Bakke,

Appellants
v.
Angela HUSER,

Appellees

From the County Court at Law No. 10, Bexar County , Texas

Trial Court No. 311525

Honorable H. Paul Canales, Judge Presiding

PER CURIAM

Sitting: Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Rebecca Simmons, Justice

Delivered and Filed: November 22, 2006

DISMISSED

A filing fee of $125.00 was due from appellants Elite Imports and SUV's, Inc. and Richard Bakke when this appeal was filed. But the fee was not paid. 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). The clerk of the court notified appellant of this deficiency in a letter dated September 25, 2006. Rule 5 of the Texas Rules of Appellate Procedure 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.

Because appellants did not respond, on October 19, 2006, this court ordered appellants to either (1) pay the applicable filing fee or (2) provide written proof to this court that they were excused by statute or the Rules of Appellate Procedure from paying the fee. See Tex. R. App. P. 20.1 (providing that indigent party who complies with provisions of that rule may proceed without advance payment of costs). Our order informed appellants that if they failed to respond satisfactorily within the time ordered, this appeal would be dismissed. See Tex. R. App. P. 42.3. No response has been filed and the fee remains unpaid. Accordingly, this appeal is dismissed. Costs of appeal are taxed against appellants.

PER CURIAM