MEMORANDUM OPINION
No. 04-09-00704-CV
2003 FORD F-150 PICKUP,
Appellant
v.
The STATE of Texas,
Appellees
From the 216th Judicial District Court, Bandera County, Texas
Trial Court No. 9275-04
Honorable N. Keith Williams, Judge Presiding
PER CURIAM
Sitting: Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Marialyn Barnard, Justice
Delivered and Filed: January 27, 2010
DISMISSED FOR WANT OF PROSECUTION
To date, appellant has failed to pay the applicable filing fee in this appeal. Texas Rule of
Appellate Procedure 5 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.
On December 14, 2009, we ordered appellant to either (1) pay the applicable filing fee in this appeal or (2) provide written proof to this court that appellant is excused by statute or these rules from paying the filing fee on or before December 29, 2009. See Tex. R. App. P. 20.1 (providing that party who qualifies as indigent under rule 20 may proceed with advance payment of costs). We warned that if appellant failed to respond within the time provided, this appeal would be dismissed. See Tex. R. App. P. 42.3(c).
To date appellant has failed to pay the filing fee or provide written proof that he is excused from paying the filing fee. We, therefore, dismiss this appeal. See id.
PER CURIAM