COURT OF APPEALS
SECOND
DISTRICT OF TEXAS
FORT WORTH
NO. 2-04-329-CV
WILLIAM G. HINTON APPELLANT
V.
GARY JOHNSON, ET AL. APPELLEES
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FROM THE 89TH DISTRICT COURT OF WICHITA COUNTY
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MEMORANDUM OPINION1 AND JUDGMENT
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On October 20, 2004, we notified appellant, in accordance with rule of appellate procedure 42.3(c), that this case was subject to dismissal if he did not pay the $125 filing fee. Tex. R. App. P. 42.3(c). Again on November 10, 2004, we notified appellant that we would dismiss this appeal unless the $125 filing fee was paid. 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, 1998,2 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. 5.
PER CURIAM
PANEL D: MCCOY, J.; CAYCE, C.J.; and LIVINGSTON, J.
DELIVERED: December 16, 2004
NOTES
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,” 971-972 S.W.2d (Tex. Cases) XXXVIII (1998).