C. Willienell Zimmer Haynes v. Moore County Gas Partner, L.P.

NO. 07-07-0047-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL A

SEPTEMBER 18, 2007 ______________________________

C. WILLIENELL ZIMMER HAYNES, ET AL., APPELLANTS

V.

MOORE COUNTY GAS PARTNERS, L.P., ET AL., APPELLEES _________________________________

FROM THE 69^TH DISTRICT COURT OF MOORE COUNTY;

NO. 01-72; HONORABLE RON ENNS, JUDGE _______________________________

Before CAMPBELL and HANCOCK and PIRTLE, JJ.

ON MOTION TO DISMISS

C. Willienell Zimmer Haynes, et al., appellants, have filed a motion to dismiss this appeal. No decision of this Court having been delivered to date, we grant the motion. Accordingly, the appeal is dismissed. Tex. R. App. P. 42.1(a)(1). All costs incurred are adjudged against the party incurring the same. No motion for rehearing will be entertained and our mandate will issue forthwith.

Mackey K. Hancock

Justice

MEMORANDUM OPINION   _______________________________

Before QUINN, REAVIS and CAMPBELL, JJ.

Appellants The Feed Store, Inc., d/b/a Chad and Patricia Langston, et al. filed a notice of appeal on February 22, 2005. However, they did not pay the $125 filing fee required from appellants under Texas Rule of Appellate Procedure 5. Nor did they file an affidavit of indigence per Texas Rule of Appellate Procedure 20.1. By letter from this Court dated April 15, 2005, we informed appellants that "the filing fee has not been paid in the captioned appeal. Unless the filing fee in the amount of $125.00 is paid by Monday, April 25, 2005, this appeal will be subject to 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 appellants have 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