Before QUINN, REAVIS and CAMPBELL, JJ.

Appellants David Gracia and Grace Concrete Products, Inc. filed a notice of appeal on July 24, 2003. However, they did not pay the $125 filing fee required from appellants pursuant to Texas Rule of Appellate Procedure 5. Nor did they file an affidavit pursuant to Texas Rule of Appellate Procedure 20.1 relieving appellants of their duty to pay the fee. By letter from this Court dated August 20, 2003, we informed appellants that "[u]nless the filing fee in the amount of $125.00 is paid by Tuesday, September 2, 2003, the 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). September second lapsed without the fee being paid.

Consequently, we dismiss the appeal pursuant to Texas Rule of Appellate Procedure 42.3(c).

Per Curiam

: 0.104167in">          Pending before this Court is Appellant’s Motion to Dismiss Appeal in which he represents he wishes to withdraw his notice of appeal and dismiss the appeal. As required by Rule 42.2(a) of the Texas Rules of Appellate Procedure, the motion is signed by Appellant and his attorney. No decision of this Court having been delivered, the motion is granted and the appeal is dismissed. No motion for rehearing will be entertained and our mandate will issue forthwith.

          Accordingly, the appeal is dismissed.

                                                                           Patrick A. Pirtle

                                                                                 Justice

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