Before QUINN, C.J., and REAVIS, JJ. and BOYD, S.J. ⁽¹⁾

Advocacy, Inc. perfected this appeal on behalf of appellant H.S. to challenge an order finding H.S. mentally retarded and committing him to the Texas Department of Mental Health and Mental Retardation. Pending before this Court is a motion to withdraw the appeal by which the parties represent that H.S. has subsequently been moved to an appropriate foster home and is doing well. The parties request that no further action be taken in this matter to ensure H.S.'s current placement. See Tex. R. App. P. 42.1(a)(2). We grant the motion.

Accordingly, the appeal is dismissed.

Don H. Reavis

Justice

1. John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment.

                                                                       Appellee

_______________________________

FROM THE COUNTY COURT OF FLOYD COUNTY;

NO. 1698; HON. PENNY GOLIGHTLY, PRESIDING

_______________________________

Memorandum Opinion

_______________________________

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

          Appellant, Alvin Ray Cooper, filed a notice of appeal on October 23, 2009. However, appellant did not pay the $175 filing fee required from appellants under Texas Rule of Appellate Procedure 5. Nor did he file an affidavit of indigence per Texas Rule of Appellate Procedure 20.1. By letter from this Court dated October 23, 2009, we informed appellant that “the filing fee in the amount of $175.00 has not been paid . . . . Failure to pay the filing fee within ten (10) days from the date of this notice may result in a dismissal.” Tex. R. App. P. 42.3(c); see Holt v. F. F. Enterprises, 990 S.W.2d 756 (Tex. App.–Amarillo 1998, pet. ref’d). The deadline lapsed, and the fee was not received.

          Because appellant has failed to pay the requisite filing fee as directed by the court, we dismiss the appeal pursuant to Texas Rule of Appellate Procedure 42.3(c).

                                                                           Per Curiam