COURT OF APPEALS

SECOND DISTRICT OF TEXAS
FORT WORTH

NO. 2-05-041-CV

MARK KENNEDY                                                                   APPELLANT

V.

DAMILERCHRYSLER SERVICES                                                  APPELLEE

NORTH AMERICA

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FROM COUNTY COURT AT LAW NO. 1 OF WICHITA COUNTY

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MEMORANDUM OPINION¹ AND JUDGMENT

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        On February 1, 2005 and March 23, 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.  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: DAUPHINOT, HOLMAN, and GARDNER, 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).