MEMORANDUM OPINION
No. 04-10-00525-CV
IN THE INTEREST OF T.L., A Child
From the 408th Judicial District Court, Bexar County, Texas
Trial Court No. 2009-PA-00761
Honorable Charles E. Montemayor, Judge Presiding
PER CURIAM
Sitting: Phylis J. Speedlin, Justice
Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Delivered and Filed: October 27, 2010
DISMISSED
A filing fee of $175.00 was due from appellant Westley Lankford when this appeal was
filed but the fee was not paid. Rule 5 of the Texas Rules of Appellate Procedure provides:
A party who is not excused by statute or these rules from paying costs must pay—
at the time an item is presented for filing—whatever fees are required by statute
or Supreme Court order. The appellate court may enforce this rule by any order
that is just.
TEX. R. APP. P. 5.
Accordingly, on September 16, 2010, this court ordered appellant to either: (1) pay the
applicable filing fee, or (2) provide written proof to this court that he is excused by statute or the
Rules of Appellate Procedure from paying the fee. See TEX. R. APP. P. 20.1 (providing that
indigent party who complies with provisions of that rule may proceed without advance payment
04-10-00525-CV
of costs). Our order informed appellant that if he failed to provide such written proof within the
time ordered, this appeal would be dismissed. See TEX. R. APP. P. 42.3(c). Appellant has not
responded. Accordingly, this appeal is dismissed. Costs of appeal are assessed against
appellant.
PER CURIAM
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