In the Interest of S.A.G. and A.M.G., Minor Children--Appeal from 408th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-07-00307-CV

IN THE INTEREST OF S.A.G. AND A.M.G.

From the 408th Judicial District Court, Bexar County, Texas

Trial Court No. 2003-EM5-04840

Honorable Delia E. Carian, Judge Presiding

PER CURIAM

Sitting: Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Rebecca Simmons, Justice

Delivered and Filed: August 8, 2007

DISMISSED

A filing fee of $125.00 was due from appellant 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 April 30, 2007. The fee remains unpaid. 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.

On at least two occasions, this court has contacted appellant's attorney, Mr. Matt Stolhandske, who has stated he intends to file a motion to dismiss. Mr. Stolhandske has failed to do so. Accordingly, on June 27, 2007, this court ordered appellant to either (1) pay the applicable filing fee or (2) provide written proof to this court that appellant is 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 appellant that if he 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; therefore, this appeal is dismissed. Costs of appeal are taxed against appellant.

PER CURIAM