NO. 07-03-0477-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
DECEMBER 3, 2003
______________________________
IN THE INTEREST OF AMBER PENA, A CHILD
_________________________________
FROM THE 99TH DISTRICT COURT OF LUBBOCK COUNTY;
NO. 2002-519,203; HONORABLE KEVIN HART, JUDGE
_______________________________
Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.
DISMISSAL
By letter dated November 13, 2003, this Court directed appellant Richard Pena to
pay the required filing fee of $125 by November 24, 2003, before any further action could
be taken in this appeal, noting that failure to do so might result in dismissal. Unless a
party is excused from paying a filing fee, the Clerk of this Court is required to collect filing
fees set by statute or the Supreme Court when an item is presented for filing. Tex. R. App.
P. 5 & 12.1(b). Although the filing of a notice of appeal invokes this Court’s jurisdiction,
if a party fails to follow the prescribed rules of appellate procedure, the appeal may be
dismissed. Tex. R. App. P. 25.1(b). Thus, because the filing fee remains unpaid, we must
dismiss the appeal.
Accordingly, the appeal is dismissed for failure to comply with the Texas Rules of
Appellate Procedure and with a notice from the Clerk requiring payment of the filing fee.
Tex. R. App. P. 42.3(c).
Don H. Reavis
Justice
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