NO. 07-04-0002-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL B

FEBRUARY 26, 2004

______________________________

BETTY ANN NEWBY, APPELLANT

V.

SHERIA EVANS, INDIVIDUALLY AND AS ADMINISTRATRIX OF

THE ESTATE OF GEORGE RALPH NEWBY, JR., DECEASED,

DAN MOSER AND MOSER INVESTMENTS, APPELLEES

_________________________________

FROM THE 84TH DISTRICT COURT OF HUTCHINSON COUNTY;

NO. 35,150; HONORABLE JACK YOUNG, JUDGE

_______________________________

Before JOHNSON, C.J., and QUINN and CAMPBELL, JJ.

MEMORANDUM OPINION

On January 2, 2004, the clerk of this court received a copy of a Notice of Appeal  filed on behalf of appellant Betty Ann Newby.  By letter dated January 6, 2004, the clerk advised appellant that a filing fee had not been received, see Tex. R. App. P . 5.  The clerk’s letter likewise advised that no further action would be taken on the appeal by this Court until a filing fee had been paid and that failure to pay the filing fee may result in dismissal of the appeal.   See Tex. R. App. P . 42.3.

The filing fee was not paid.  By letter dated February 12, 2004, the clerk advised counsel for appellant that the filing fee had still not been paid , and that unless the filing fee was received on or before February 23, 2004 , the appeal would be subject to dismissal.

The filing fee has not been paid .  Accordingly, this appeal is dismissed.   Tex. R. App. P . 42.3.

Phil Johnson

Chief Justice