Douglas Rubins v. The People of The State of Texas, et al--Appeal from 181st District Court of Potter County (per curiam)

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NO. 07-12-0518-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL D DECEMBER 14, 2012 ____________________________ DOUGLAS RUBINS, Appellant V. THE PEOPLE OF THE STATE OF TEXAS, ET AL., Appellees ___________________________ FROM THE 181ST DISTRICT COURT OF POTTER COUNTY; NO. 100630-B; HON. JOHN B. BOARD, PRESIDING __________________________ Order of Dismissal __________________________ Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ. Appellant Douglas Rubins filed a notice of appeal on November 29, 2012, but failed to pay the $175 filing fee required under Texas Rule of Appellate Procedure 5. We informed appellant, by letter dated November 30, 2012, that the filing fee was outstanding and that the appeal would be dismissed unless it was paid by December 10, 2012. TEX. R. APP. P. 42.3(c); see Holt v. F.F. Enterprises, 990 S.W.2d 756 (Tex. App. Amarillo 1998, pet. ref d). The fee has not been paid to date. Nor does the record show appellant to be indigent or having requested leave to proceed as an indigent. Because appellant has failed to pay the requisite filing fee as directed by the court, we dismiss the appeal pursuant to Texas Rule of Appellate Procedure 42.3(c). Per Curiam 2