In the Interest of E.T.N., Jr., a Child--Appeal from 73rd Judicial District Court of Bexar County (per curiam)

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MEMORANDUM OPINION No. 04-11-00773-CV IN THE INTEREST OF E.T.N., JR., A CHILD From the 73rd Judicial District Court, Bexar County, Texas Trial Court No. 2011-PA-00247 Honorable Ricardo H. Garcia, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice Rebecca Simmons, Justice Delivered and Filed: December 14, 2011 DISMISSED A filing fee of $175.00 was due from appellants when this appeal was filed but 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). 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. Accordingly, on November 14, 2011, this court ordered appellants to either (1) pay the applicable filing fee or (2) provide written proof to this court that they are excused by statute or 04-11-00773-CV 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 provide such written proof within the time ordered, this appeal would be dismissed. See TEX. R. APP. P. 42.3. Appellants have not responded. Accordingly, this appeal is dismissed. Costs of appeal are assessed against appellants. PER CURIAM -2-

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