Jessie Ray Davis v. Carol A. Davis--Appeal from 322nd District Court of Tarrant County

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-06-464-CV

JESSIE RAY DAVIS APPELLANT

V.

CAROL A. DAVIS APPELLEE

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FROM THE 322ND DISTRICT COURT OF TARRANT COUNTY

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MEMORANDUM OPINION[1] AND JUDGMENT

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On December 21, 2006, we notified appellant, in accordance with rule of appellate procedure 42.3(c), that we would dismiss this appeal unless the $125 filing fee was paid. See Tex. R. App. P. 42.3(c). Appellant has not paid the $125 filing fee. See Tex. R. App. P. 5, 12.1(b).

Furthermore, on January 19, 2007, we notified appellant that the trial court clerk responsible for preparing the record in this appeal had informed the court that arrangements had not been made to pay for the clerk=s record as required by rule 35.3(a)(2). Tex. R. App. P. 35.3(a)(2). We stated that we would dismiss the appeal for want of prosecution unless appellant, within fifteen days, made arrangements to pay for the clerk=s record and provided this court with proof of payment.

Because appellant has failed to comply with a requirement of the rules of appellate procedure and the Texas Supreme Court=s order of July 21, 1998,[2] and because appellant has not made payment arrangements for the clerk=s record, we dismiss the appeal. See Tex. R. App. P. 42.3(c), 43.2(f); see also Tex. R. App. P. 37.3(b), 42.3(b). We deny appellant=s request to dismiss the appeal without prejudice as moot.

Appellant shall pay all costs of this appeal, for which let execution issue. See Tex. R. App. P. 43.4.

PER CURIAM

PANEL D: MCCOY, J.; CAYCE, C.J.; LIVINGSTON, J.

DELIVERED: February 15, 2007

[1]See Tex. R. App. P. 47.4.

[2]July 21, 1998 AOrder Regarding Fees Charged in Civil Cases in the Supreme Court and the Courts of Appeals,@971-972 S.W.2d (Tex. Cases) XXXVIII (1998).