NUMBER 13-05-162-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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ELVA MONTES DE OCA,                                                   Appellant,

v.

CIRCLE K SOUTH TEXAS LIMITED PARTNERSHIP, ET AL.,    Appellees.

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On appeal from County Court at Law No. 1

of Hidalgo County, Texas.

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MEMORANDUM OPINION

Before Justices Rodriguez, Castillo, and Garza

Memorandum Opinion Per Curiam

         Appellant, ELVA MONTES DE OCA, perfected an appeal from a judgment entered by County Court at Law No. 1 of Hidalgo County, Texas, in cause number CL-42,541-A. The notice of appeal was filed on March 9, 2005. Pursuant to Tex. Gov’t Code §51.207(b)(1) and § 51.941(a)(1), a filing fee in the amount of $125.00 is due upon the filing of an appeal. To date, appellant has failed to pay the filing fee.

         On March 29, 2005, pursuant to Tex. R. App. P. 42.3(c), notice was given to appellant that she was delinquent in remitting this filing fee and that, unless the filing fee was paid within ten days from the date of receipt of this Court’s notice, this appeal would be dismissed. To date, appellant has failed to respond to this Court’s notice.

         The Court, having considered the documents on file and appellant’s failure to comply with the rules, is of the opinion that the appeal should be dismissed. The appeal is hereby DISMISSED.

                                                               PER CURIAM

Memorandum Opinion delivered and filed this

the 28th day of April, 2005