COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-03-274-CV
NJIDEKA LAWRETA EZUKANMA APPELLANT
V.
NOBLE UWAOMA EZUKANMA APPELLEE
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FROM THE 233 RD DISTRICT COURT OF TARRANT COUNTY
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MEMORANDUM OPINION (footnote: 1) AND JUDGMENT
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On September 19, 2003 and October 15, 2003, we notified appellant Njideka Lawreta Ezukanma, in accordance with rule of appellate procedure 42.3(c), that we would dismiss this appeal unless the $125 filing fee was paid. Tex. R. App. P. 42.3(c). Appellant has not paid the $125 filing fee. See Tex. R. App. P. 5, 12.1(b).
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, (footnote: 2) and because appellant has notified this court by letter that he no longer wishes to proceed with the appeal, we dismiss the appeal. See Tex. R. App. P . 42.3(c), 43.2(f).
Appellant shall pay all costs of this appeal, for which let execution issue. See Tex. R. App. P . 42.1(d).
PER CURIAM
PANEL D: WALKER, J.; CAYCE, C.J.; and LIVINGSTON, J.
DELIVERED: December 4, 2003
FOOTNOTES
1:
See Tex. R. App. P. 47.4.
2:
July 21, 1998 Order Regarding Fees Charged in Civil Cases in the Supreme Court and the Courts of Appeals, reprinted in Appendix to the Texas Rules of Appellate Procedure (Vernon 2002).