Opinion filed January 24, 2008, Withdrawn; Dismissed and Memorandum Opinion filed March 27, 2008.
In The
Fourteenth Court of Appeals
____________
NO. 14-07-00921-CV
____________
RICK CALLOWAY A/K/A RICKY CALLOWAY INDIVIDUALLY AND D/B/A RED C. POOL SERVICE, Appellant
V.
BEST PUBLICATIONS, L.L.P., Appellee
On Appeal from County Court at Law No. 2
Fort Bend County, Texas
Trial Court Cause No. 29346
M E M O R A N D U M O P I N I O N
Our opinion filed January 24, 2008, is withdrawn. The motion for rehearing filed by appellee, Best Publications, L.L.P., is granted.
This is an appeal from a judgment signed June 28, 2007. The notice of appeal was filed on September 26, 2007. To date, our records show that appellant has not paid the $175.00 appellate filing fee. See Tex. R. App. P. 5 (requiring payment of fees in civil cases unless indigent);Tex. R. App. P. 20.1 (listing requirements for establishing indigence); see also 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 (Tex. Aug. 28, 2007) (listing fees in court of appeals); Tex. Gov=t Code Ann. ' 51.207 (Vernon 2005) (same).
After being given the requisite ten-days= notice that this appeal was subject to dismissal, appellant has not paid the filing fee in accordance with our order of December 20, 2007. See Tex. R. App. P. 42.3. Accordingly, the appeal is ordered dismissed. See Tex. R. App. P. 42.3(c) (allowing involuntary dismissal of case because appellant has failed to comply with notice from clerk requiring response or other action within specified time).
PER CURIAM
Judgment rendered and Memorandum Opinion filed March 27, 2008.
Panel consists of Justices Fowler, Frost, and Seymore.