In the Interest of C.C.H., a child--Appeal from 321st District Court of Smith County

NO. 12-04-00109-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

  ' APPEAL FROM THE 321ST

IN THE INTEREST OF C.C.H.,   ' JUDICIAL DISTRICT COURT OF

A CHILD

  ' SMITH COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

This appeal is being dismissed for failure to comply with the Texas Rules of Appellate Procedure. Tex. R. App. P. 42.3. On April 22, 2004, this Court advised Appellant that the filing fee was due to have been paid on or before April 19, 2004, but had not been received. See Tex. R. App. P. 5 (requiring payment of filing fee at time an item is presented for filing). The notice further provided that unless the filing fee were paid on or before May 3, 2004, the appeal would be presented for dismissal in accordance with Rule 42.3. The time for paying the filing fee has expired, and Appellant has not complied with the Court=s request. Because Appellant has failed after notice to comply with Rule 5, the appeal is dismissed. Tex. R. App. P. 42.3(c).

Opinion delivered May 12, 2004.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

(PUBLISH)