COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-07-333-CV
TERRY SIMMONS APPELLANT
V.
ELMOW HOLDINGS, INC. F/K/A APPELLEE
RIO PUMPING SERVICES, INC.
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FROM THE 348 TH DISTRICT COURT OF TARRANT COUNTY
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MEMORANDUM OPINION (footnote: 1) AND JUDGMENT
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On October 25, 2007 and November 7, 2007, we notified appellant, in accordance with rule of appellate procedure 42.3(c), that we would dismiss this appeal unless the $175 filing fee was paid. See Tex. R. App. P. 42.3(c). Appellant has not paid the $175 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 August 28, 2007, (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: CAYCE, C.J.; LIVINGSTON and DAUPHINOT, JJ.
DELIVERED: December 6, 2007
FOOTNOTES
1:
See Tex. R. App. P. 47.4.
2:
See Supreme Court of Tex., Order Regarding Fees Charged in Civil Cases in the Supreme Court and the Courts of Appeals and Before the Judicial Panel on Multidistrict Litigation , Misc. Docket No. 07-9138 (Aug. 28, 2007) (listing fees in court of appeals).