NO. 07-04-0002-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
FEBRUARY 26, 2004
______________________________
BETTY ANN NEWBY, APPELLANT
V.
SHERIA EVANS, INDIVIDUALLY AND AS ADMINISTRATRIX OF
THE ESTATE OF GEORGE RALPH NEWBY, JR., DECEASED,
DAN MOSER AND MOSER INVESTMENTS, APPELLEES
_________________________________
FROM THE 84TH DISTRICT COURT OF HUTCHINSON COUNTY;
NO. 35,150; HONORABLE JACK YOUNG, JUDGE
_______________________________
Before JOHNSON, C.J., and QUINN and CAMPBELL, JJ.
MEMORANDUM OPINION
On January 2, 2004, the clerk of this court received a copy of a Notice of Appeal filed on behalf of appellant Betty Ann Newby. By letter dated January 6, 2004, the clerk advised appellant that a filing fee had not been received, see Tex. R. App. P . 5. The clerk’s letter likewise advised that no further action would be taken on the appeal by this Court until a filing fee had been paid and that failure to pay the filing fee may result in dismissal of the appeal. See Tex. R. App. P . 42.3.
The filing fee was not paid. By letter dated February 12, 2004, the clerk advised counsel for appellant that the filing fee had still not been paid , and that unless the filing fee was received on or before February 23, 2004 , the appeal would be subject to dismissal.
The filing fee has not been paid . Accordingly, this appeal is dismissed. Tex. R. App. P . 42.3.
Phil Johnson
Chief Justice