NUMBER 13-06-159-CV

                         COURT OF APPEALS

               THIRTEENTH DISTRICT OF TEXAS

                  CORPUS CHRISTI - EDINBURG

ELOY RODRIGUEZ,                                                   Appellant,

                                           v.

DENNIS BOUTWELL,                                                  Appellee.

                On appeal from County Court at Law No. 2

                           of Nueces County, Texas.

                     MEMORANDUM OPINION

      Before Chief Justice Valdez and Justices Yañez and Garza

                       Memorandum Opinion Per Curiam

Appellant, ELOY RODRIGUEZ, perfected an appeal from a judgment entered by County Court at Law No. 2 of Nueces County, Texas, in cause number 02-60112-2.  The clerk=s record was marked Areceived@ on April 4, 2006, pending payment of the $125.00 filing fee. 

On May 5, 2006, notice was given to all parties that this appeal was subject to dismissal pursuant to Tex. R. App. P. 42.3.   Appellant was given notice that, if the filing fee was not paid within ten days from the date of receipt of this Court=s notice, the appeal would be dismissed.  To date, no response has been received, and the filing fee remains unpaid.

The Court, having examined and fully considered the documents on file, appellant=s failure to pay the filing fee, this Court=s notice, and appellant=s failure to respond, is of the opinion that the appeal should be dismissed.  The appeal is hereby DISMISSED.

PER CURIAM

Memorandum Opinion delivered and filed

this the 29th day of June, 2006.