RICKY MCELDUFF AND

ABIGAIL MCELDUFF,

APPELLANTS

V.

JESSE INMAN,

APPELLEE

This appeal is being dismissed for failure to comply with the Texas Rules of Appellate Procedure. Tex. R. App. P. 42.3. On February 14, 2003, this court notified Appellant that the filing fee was due to have been paid on or before February 13, 2003, but had not been received. Tex. R. App. 5 (requiring payment of filing fee at time an item is presented for filing). Appellant was further notified that this appeal would be presented to the court for dismissal if the filing fee was not paid on or before February 24, 2003.

On February 27, 2003, the clerk of this court was informed that Appellant would pay the filing fee on that day. However, as of March 12, Appellant has failed to pay the required filing fee. Accordingly, the mediation order of February 19, 2003 is hereby withdrawn, and this appeal is dismissed. Tex. R. App. P. 42.3(c).

Opinion delivered March 12, 2003.

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