Bryan F. Demaree v. Dana Gay Hibdon--Appeal from County Court at Law of Kerr County

MEMORANDUM OPINION
No. 04-07-00391-CV
Bryan F. DEMAREE,
Appellant
v.
Dana Gay HIBDON,
Appellee
From the County Court at Law, Kerr County, Texas
Trial Court No. 07-405C
Honorable Spencer W. Brown, Judge Presiding

PER CURIAM

 

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Steven C. Hilbig, Justice

 

Delivered and Filed: August 15, 2007

 

DISMISSED

When Bryan F. Demaree filed this appeal, he was required to pay a $125.00 filing fee. 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 filing fee was not paid; accordingly, on June 8, 2007, the clerk of this court notified Demaree of the deficiency. On July 6, 2007, when the fee remained unpaid, this court ordered that Demaree must, not later than July 16, 2007, 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 Demaree 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 Demaree has not otherwise responded to our July 6, 2007 order. We therefore order this appeal dismissed for want of prosecution.

 

PER CURIAM