SWITZER PETROLEUM PRODUCTS, INC.,

APPELLANT

V.

SIV HOUA CHUNG,

APPELLEE

This appeal is being dismissed for failure to pay the filing fee required by Texas Rule of Appellate Procedure 5. ⁽¹⁾ The judgment in the instant case was signed on August 3, 2001, and Appellant perfected an appeal on October 29, 2001. Under Texas Government Code sections 51.207(b) and 51.941(a)(1), Appellant was required to tender a filing fee of $125.00 upon filing the appeal. On December 7, 2001, this Court notified Appellant that the filing fee was past due and gave Appellant until on or before December 17, 2001 to pay it. The notice further provided that failure to pay the filing fee by the deadline would result in the dismissal of the appeal under Tex. R. App. P. 42.3(c).

No filing fee having been received as of December 21, 2001, the appeal is dismissed. Tex. R. App. P. 42.3.

Opinion delivered December 21, 2001.

Panel consisted of Davis, C.J., Worthen, J., and Griffith, J.