Court of Civil Appeals of Texas, 2007

C. Willienell Zimmer Haynes v. Moore County Gas Partner, L.P.

C. Willienell Zimmer Haynes v. Moore County Gas Partner, L.P.
Court of Civil Appeals of Texas · Decided September 18, 2007

C. Willienell Zimmer Haynes v. Moore County Gas Partner, L.P.

Opinion

NO. 07-07-0047-CV


IN THE COURT OF APPEALS


FOR THE SEVENTH DISTRICT OF TEXAS


AT AMARILLO


PANEL A


SEPTEMBER 18, 2007

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C. WILLIENELL ZIMMER HAYNES, ET AL., APPELLANTS


V.


MOORE COUNTY GAS PARTNERS, L.P., ET AL., APPELLEES

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FROM THE 69TH DISTRICT COURT OF MOORE COUNTY;


NO. 01-72; HONORABLE RON ENNS, JUDGE

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Before CAMPBELL and HANCOCK and PIRTLE, JJ.

ON MOTION TO DISMISS

C. Willienell Zimmer Haynes, et al., appellants, have filed a motion to dismiss this appeal. No decision of this Court having been delivered to date, we grant the motion. Accordingly, the appeal is dismissed. Tex. R. App. P. 42.1(a)(1). All costs incurred are adjudged against the party incurring the same. No motion for rehearing will be entertained and our mandate will issue forthwith.



Mackey K. Hancock

Justice



MEMORANDUM OPINION

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Before QUINN, REAVIS and CAMPBELL, JJ.

Appellants The Feed Store, Inc., d/b/a Chad and Patricia Langston, et al. filed a notice of appeal on February 22, 2005. However, they did not pay the $125 filing fee required from appellants under Texas Rule of Appellate Procedure 5. Nor did they file an affidavit of indigence per Texas Rule of Appellate Procedure 20.1. By letter from this Court dated April 15, 2005, we informed appellants that "the filing fee has not been paid in the captioned appeal. Unless the filing fee in the amount of $125.00 is paid by Monday, April 25, 2005, this appeal will be subject to 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 appellants have 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

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