Before QUINN and REAVIS and CAMPBELL, JJ.

Following a bench trial and rendition of judgment in his favor, appellant Michael Edmondson perfected this appeal against appellees Entrepreneur Media, Inc. and John A. Mueller. By letter dated May 17, 2004, this Court directed Edmondson to pay the required filing fee of $125 within ten days before any further action could be taken in this appeal, noting that failure to do so might result in dismissal. Unless a party is excused from paying a filing fee, the Clerk of this Court is required to collect filing fees set by statute or the Supreme Court when an item is presented for filing. See Tex. R. App. P. 5 and 12.1(b). Although the filing of a notice of appeal invokes this Court's jurisdiction, if a party fails to follow the prescribed rules of appellate procedure, the appeal may be dismissed. Tex. R. App. P. 25.1(b). Thus, because the filing fee of $125 remains unpaid, we must dismiss the appeal.

Accordingly, the appeal is dismissed for failure to comply with the Texas Rules of Appellate Procedure and with a notice from the Clerk requiring payment of the filing fee. Tex. R. App. P. 42.3(c).

Don H. Reavis

Justice

: 'Arial', sans-serif">AT AMARILLO

PANEL C

JULY 9, 2009

______________________________

IN THE INTEREST OF A.G., A.G., AND A.C., JR. CHILDREN

_________________________________

FROM COUNTY COURT AT LAW NO. 2 OF RANDALL COUNTY;

NO. 6014-L2; HONORABLE RONALD WALKER, JR., JUDGE

_______________________________

Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.

MEMORANDUM OPINION

          Appellant, G.G., filed this appeal to challenge the trial court’s order terminating his parental rights to his children A.G. and A.G. Pending before this Court is G.G.’s unopposed Notice of Dismissal of Appeal in which he expresses his desire to dismiss this appeal. Without passing on the merits of the case, G.G.’s motion is granted and the appeal is dismissed. Tex. R. App. P. 42.1(a)(1). Having dismissed the appeal at G.G.’s request, no motion for rehearing will be entertained and our mandate will issue forthwith.

                                                                           Patrick A. Pirtle

                                                                                 Justice