COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 2-10-128-CV

KENNETH J. MAGNUSON APPELLANT V. WHN PROPERTIES L.L.C. APPELLEE ---------- FROM COUNTY COURT AT LAW NO. 2 OF DENTON COUNTY ------------ MEMORANDUM OPINION1 AND JUDGMENT ------------ On April 23, 2010 and May 5, 2010, we notified appellant, in accordance with rule of appellate procedure 42.3(c), that we would dismiss this appeal unless the $175 filing fee was paid. 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).

See Tex. R. App. P. 47.4.

Because appellant has failed to comply with a requirement of the rules of appellate procedure and the Texas Supreme Court=s order of August 28, 2007,2 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: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.

DELIVERED: May 27, 2010

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).