Davis T. Montfort v. Jerry Jones ( 2007 )

                                COURT OF APPEALS

                                       SECOND DISTRICT OF TEXAS

                                                   FORT WORTH

                                        NO. 2-07-340-CV

DAVIS T. MONTFORT                                                          APPELLANT

                                                   V.

JERRY JONES, ET AL.                                                           APPELLEES

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FROM THE 17^TH DISTRICT COURT OF TARRANT COUNTY

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                  MEMORANDUM OPINION^[1] AND JUDGMENT

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The court has considered appellant=s AMotion To Delay Of Affidavit Of Inability To Pay@ and is of the opinion that the motion should be denied. 

Furthermore, on October 9, 2007 and October 26, 2007, we notified appellant, in accordance with rule of appellate procedure 42.3(c), that we would dismiss this appeal unless the $175 filing fee was paid.  See Tex. R. App. P. 42.3(c).  Appellant has not paid the $175 filing fee.  See Tex. R. App. P. 5, 12.1(b).

Because appellant has failed to comply with a requirement of the rules of appellate procedure and the Texas Supreme Court=s order of August 28, 2007,^[2] we dismiss the appeal.  See Tex. R. App. P. 42.3(c), 43.2(f).

Appellant shall pay all costs of this appeal, for which let execution issue. See Tex. R. App. P. 43.4.

PER CURIAM

PANEL D:  HOLMAN, GARDNER, and WALKER, JJ. 

DELIVERED:  December 6, 2007

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^[1]See Tex. R. App. P. 47.4.

^[2]See Supreme Court of Tex., 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 (Aug. 28, 2007) (listing fees in court of appeals).