COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-08-249-CV

ROSS STRATMAN APPELLANT

V.

FRANK R. JELINEK APPELLEE

----------

FROM THE 141 ST DISTRICT COURT OF TARRANT COUNTY

------------

MEMORANDUM OPINION ^{(footnote: 1)} AND JUDGMENT

------------

On July 14, 2008, we sent appellant a second written notice, in accordance with Texas Rule of Appellate Procedure 42.3(c), that we would dismiss this appeal unless the $175 filing fee was paid by July 24, 2008.   See Tex. R. App. P. 42.3(c).  Appellant has not paid the $175 filing fee.   See Tex. R. App. P. 5, 12.1(b).

Because appellant has failed to comply with a requirement of rule 42.3(c) and the Texas Supreme Court’s order of August 28, 2007, ^{(footnote: 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. 43.4.

PER CURIAM

PANEL D:  CAYCE, C.J.; LIVINGSTON and DAUPHINOT, JJ.

DELIVERED:  July 31, 2008

FOOTNOTES

1:

See Tex. R. App. P. 47.4.

2:

See Supreme Court of Tex., Order Regarding Fees Charged in Civil Cases in the Supreme Court and the Courts of Appeals and Before the Judicial Panel on Multidistrict Litigation , Misc. Docket No. 07-9138 (Aug. 28, 2007) (listing fees in courts of appeals).