NO. 07-03-0546-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL B FEBRUARY 13, 2004 ______________________________

BETTY ANN NEWBY, APPELLANT V. SHERIA EVANS, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF GEORGE RALPH NEWBY, JR., DECEASED; DAN MOSER INDIVIDUALLY AND AS TRUSTEE FOR MOSER AND STUBBLEFIELD INVESTMENTS; 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 December 30, 2003, 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 5, 2004, the clerk advised appellant that a filing fee had not been received, see TEX . R. APP . P. 5, nor had a docketing statement been filed. See TEX . R. APP . P. 32.1. 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 January 22, 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 2, 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