Glenda Bills v. Gilvin-Terrill, LTD.

NO. 07-05-0158-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL D MAY 23, 2005 ______________________________ GLENDA BILLS, APPELLANT V. GILVIN-TERRILL, LTD., APPELLEE _________________________________ FROM THE 47TH DISTRICT COURT OF ARMSTRONG COUNTY; NO. 2,166; HONORABLE HAL MINER, JUDGE _______________________________ Before QUINN, C.J., and REAVIS and CAMPBELL, JJ. MEMORANDUM OPINION By letter dated April 19, 2005, appellant Glenda Bills was notified that the required filing fee had not been paid, noting that failure to do so within ten days 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. See Tex. R. App. P. 5 and 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 2