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

NO. 12-05-00321-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

APPEAL FROM THE 321ST

IN THE INTEREST OF R.W., 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. See Tex. R. App. P. 42.3(c).

On October 21, 2005, this Court advised Appellant by letter that the filing fee was due to have been paid on or before October 20, 2005, but had not been received. See Tex. R. App. P. 5. The notice further provided that unless the filing fee was paid on or before October 31, 2005, the appeal would be presented for dismissal in accordance with Rule 42.3(c). The date for paying the filing fee has passed, 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. See Tex. R. App. P. 42.3(c).

Opinion delivered November 2, 2005.

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

(PUBLISH)