COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-06-264-CV
DAVID IRVIN APPELLANT
V.
SMILEY'S STUDIO, INC. APPELLEE
------------
FROM THE 17 th DISTRICT COURT OF TARRANT COUNTY
------------
MEMORANDUM OPINION (footnote: 1) AND JUDGMENT
------------
On August 7, 2006 and August 18, 2006, 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: DAUPHINOT, HOLMAN, and GARDNER, JJ.
DELIVERED: September 7, 2006
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).