COURT OF APPEALS

SECOND DISTRICT OF TEXAS
FORT WORTH

NO. 2-04-286-CV

EMMIT BRAGER                                                                    APPELLANT

V.

R. TREON AND B.S. LOBSTEIN                                                APPELLEES

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FROM THE 30TH DISTRICT COURT OF WICHITA COUNTY

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MEMORANDUM OPINION¹ AND JUDGMENT

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        On September 21, 2004 and October 18, 2004, we notified appellant, in accordance with rule of appellate procedure 42.3(c), that we would dismiss this appeal unless the $125 filing fee was paid.  See Tex. R. App. P. 42.3(c).  Appellant has not paid the $125 filing fee.  See Tex. R. App. P. 5, 12.1(b).

        Because appellant has failed to comply with a requirement of the rules of appellate procedure and the Texas Supreme Court's order of July 21, 1998,² we dismiss the appeal.  See Tex. R. App. P. 42.3(c), 43.2(f).

        Appellant shall pay all costs of this appeal, for which let execution issue.  See Tex. R. App. P. 42.1(d).

                                                                  PER CURIAM

PANEL D: CAYCE, C.J.; LIVINGSTON and DAUPHINOT, JJ.

DELIVERED: November 12, 2004

NOTES

1.  See Tex. R. App. P. 47.4.

2.  July 21, 1998 “Order Regarding Fees Charged in Civil Cases in the Supreme Court and the Courts of Appeals,” 971-972 S.W.2d (Tex. Cases) XXXVIII (1998).