Alvin Ray Cooper v. Amy Hernandez ( 2009 )

NO. 07-09-0346-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL C
NOVEMBER 6, 2009
______________________________
ALVIN RAY COOPER,
Appellant
V.
AMY HERNANDEZ,
Appellee
_______________________________
FROM THE COUNTY COURT OF FLOYD COUNTY;
NO. 1698; HON. PENNY GOLIGHTLY, PRESIDING
_______________________________
Memorandum Opinion
_______________________________
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
Appellant, Alvin Ray Cooper, filed a notice of appeal on October 23, 2009.
However, appellant did not pay the $175 filing fee required from appellants under Texas
Rule of Appellate Procedure 5. Nor did he file an affidavit of indigence per Texas Rule of
Appellate Procedure 20.1. By letter from this Court dated October 23, 2009, we informed
appellant that “the filing fee in the amount of $175.00 has not been paid . . . . Failure to
pay the filing fee within ten (10) days from the date of this notice may result in a dismissal.”
TEX . R. APP. P. 42.3(c); see Holt v. F. F. Enterprises, 990 S.W.2d 756 (Tex. App.–Amarillo
1998, pet. ref’d). The deadline lapsed, and the fee was not received.
Because appellant has failed to pay the requisite filing fee as directed by the court,
we dismiss the appeal pursuant to Texas Rule of Appellate Procedure 42.3(c).
Per Curiam
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