Charles Henry Myers v. the Honorable Barbara Ferrell

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-05-325-CV

CHARLES HENRY MYERS APPELLANT

V.

THE HONORABLE BARBARA FERRELL APPELLEE

------------

FROM COUNTY COURT AT LAW NO. 1 OF TARRANT COUNTY

------------

MEMORANDUM OPINION (footnote: 1) AND JUDGMENT

------------

On September 9, 2005 and September 22, 2005, we notified appellant, in accordance with rule of appellate procedure 42.3(c), that we would dismiss this appeal unless the $125 filing fee was paid.   See 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) 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. 43.4.

PER CURIAM

PANEL D: WALKER, J.; CAYCE, C.J.; and MCCOY, J.

DELIVERED: October 13, 2005

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,” 971-972 S.W.2d (Tex. Cases) XXXVIII (1998).