COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 2-08-492-CV

MARVIN LEE EDWARDS AND APPELLANTS ALL OTHER OCCUPANTS V. AURORA LOAN SERVICES, LLC APPELLEE ------------ FROM COUNTY COURT AT LAW NO. 2 OF DENTON COUNTY ------------ MEMORANDUM OPINION 1 ------------ On January 8, 2009, we notified Marvin Lee Edwards that his notice of appeal was defective and that he had not paid the filing fee. See Tex. R. App. P. 5, 25.1(d), (e). We directed him to file an amended notice of appeal and to pay the filing fee by Monday, January 19, 2009. See Tex. R. App. P. 5, 25.1(f), 37.1. We received no response. On January 21, 2009, we again notified Edwards that his notice of appeal was defective and that he had not

… See Tex. R. App. P. 47.4. paid the filing fee. See Tex. R. App. P. 5, 25.1(d), (e). We directed Edwards to file an amended notice of appeal and to pay the filing fee by Monday, February 2, 2009, and further stated that the appeal “will be DISMISSED” if the filing fee was not paid by that date. See Tex. R. App. P. 42.3(c).

Because Edwards has failed to comply, it is the opinion of the court that his appeal should be dismissed. Accordingly, we dismiss the appeal. See id. Edwards shall pay all costs of the appeal, for which let execution issue.

PER CURIAM PANEL: WALKER, MCCOY, and MEIER, JJ.

DELIVERED: February 26, 2009