COURT OF APPEALS

SECOND DISTRICT OF TEXAS
FORT WORTH

NO. 2-04-036-CV

ERIC GANT                                                                           APPELLANT

V.

24 HOUR FITNESS WORLD WIDE, INC.,                                    APPELLEES

MARCUS GUNN, CITY OF ARLINGTON, TEXAS,

ARLINGTON POLICE OFFICER GAROFANO, AND

KENNETH WAYNE MULLEN

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FROM THE 17^TH DISTRICT COURT OF TARRANT COUNTY

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MEMORANDUM OPINION¹ AND JUDGMENT

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        On February 26, 2004 and March 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: WALKER, J.; CAYCE, C.J.; and MCCOY, J.

DELIVERED: April 29, 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).