Opinion issued May 22, 2003

In The

Court of Appeals

For The

First District of Texas

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NO. 01-02-01193-CV

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BENNIE RAY SMITH, Appellant

V.

REGINA GAY SMITH, Appellee

On Appeal from the12th Court

Walker County, Texas

Trial Court Cause No. 14,526

O P I N I O N

This is an appeal from a judgment signed October 9, 2002. Appellant has invoked the jurisdiction of this Court by filing a notice of appeal, but he has not paid the appellate filing fee. On January 21, 2002, this Court ordered that unless, within 15 days of the date of the order, appellant paid the appellate filing fee, his appeal would be dismissed. The 15 days have expired and appellant has not paid the appellate filing fee.

Accordingly, we dismiss the appeal.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Hedges and Nuchia.