Satterfield and Pontikes Construction, Inc. v. Rob-K Concrete Products, Inc.--Appeal from 406th Judicial District Court of Webb County

MEMORANDUM OPINION
No. 04-07-00580-CV
SATTERFIELD AND PONTIKES CONSTRUCTION, INC.,
Appellant
v.
ROB-K CONCRETE PRODUCTS, INC.,
Appellee
From the 406th Judicial District Court, Webb County, Texas
Trial Court No. 2007-CVQ-000389-D4
Honorable Oscar J. Hale, Jr., Judge Presiding

PER CURIAM

 

Sitting: Karen Angelini, Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

 

Delivered and Filed: October 31, 2007

 

DISMISSED

Texas Rule of Appellate Procedure 5 provides the following:

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 Appellant Satterfield and Pontikes Construction, Inc. failed to pay the filing fee in this appeal, on October 8, 2007, we ordered appellant, on or before October 18, 2007, to either (1) pay the applicable filing fee or (2) provide written proof to this court that it is excused by statute or these rules from paying the filing fee. See Tex. R. App. P. 20.1 (providing that party who qualifies as indigent under rule 20 may proceed without advance payment of costs). We warned that if appellant failed to respond within the time provided, this appeal would be dismissed. See Tex. R. App. P. 42.3(c).

Appellant, however, failed to pay the filing fee or provide written proof that it is excused from paying the filing fee by the date ordered. We, therefore, dismiss this appeal. See id.

 

PER CURIAM