James Kelly Philpot v. Mark Parthie

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-06-469-CV

JAMES KELLY PHILPOT APPELLANT

V.

MARK PARTHIE APPELLEE

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FROM THE 393 RD DISTRICT COURT OF DENTON COUNTY

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MEMORANDUM OPINION (footnote: 1) AND JUDGMENT

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On December 22, 2006 and January 8, 2007, 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:  HOLMAN, GARDNER, and WALKER, JJ.

DELIVERED:   January 25, 2007

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).