in the Interest of T.L., a Child ( 2010 )

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 -2-