Warren Clayton Fry v. Connie Low Fry ( 2010 )

i i i i i i
MEMORANDUM OPINION
No. 04-10-00105-CV
Warren Clayton FRY,
Appellant
v.
Connie Low FRY,
Appellee
From the County Court at Law, Kerr County, Texas
Trial Court No. 08-600C
Honorable Spencer W. Brown, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Steven C. Hilbig, Justice
Marialyn Barnard, Justice
Delivered and Filed: April 7, 2010
DISMISSED
When Warren Clayton Fry filed this appeal, he was required to pay a $175.00 filing fee. See
TEX . GOV ’T CODE ANN . §§ 51.207(b)(1), 51.941(a) (Vernon 2005); id. §§ 51.208, 51.0051 (Vernon
Supp. 2009); TEXAS SUPREME COURT 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) § B.1.(a). Fry did not pay
04-10-00105-CV
the required filing fee. The clerk of this court notified Fry by letter dated February 11, 2010, that his
notice of appeal was conditionally filed and the filing fee was due no later than February 22, 2010.
On March 5, 2010, when the fee remained unpaid, this court ordered that Fry must, not later than
March 15, 2010, either (1) pay the applicable filing fee or (2) provide written proof to this court that
he is indigent or otherwise excused by statute or the Texas Rules of Appellate Procedure from paying
the fee. See TEX . R. APP . P. 5 (“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.”). The court
advised Fry that if he failed to respond satisfactorily within the time ordered, the appeal would be
dismissed. See TEX . R. APP . P. 42.3.
The filing fee has not been paid, and appellant has not otherwise responded to our March 5
order. We therefore dismiss this appeal for want of prosecution.
PER CURIAM
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