COURT OF APPEALS

SECOND DISTRICT OF TEXAS
FORT WORTH

NO. 2-05-076-CV

TONY VAN D/B/A FOUNDATION                                             APPELLANT

OF THE INTERNATIONAL LESS

FORTUNATE

V.

AMKO AUSTIN, L.L.C.                                                              APPELLEE

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FROM COUNTY COURT AT LAW NO. 1 OF TARRANT COUNTY

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MEMORANDUM OPINION¹ AND JUDGMENT

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        On February 17, 2005 and March 24, 2005, 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. 5.

                                                                  PER CURIAM

PANEL D: HOLMAN, GARDNER, and WALKER, JJ.

DELIVERED: May 5, 2005

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).