MEMORANDUM OPINION

No. 04-10-00093-CV

L. W. MCDONALD,

Appellant

v.

Debra FULLER,

Appellee

From the 408th Judicial District Court, Bexar County, Texas

Trial Court No. 2007-CI-02856

Honorable Janet P. Littlejohn, Judge Presiding

PER CURIAM

Sitting:            Rebecca Simmons, Justice

                        Steven C. Hilbig, Justice

                        Marialyn Barnard, Justice

Delivered and Filed:  June 2, 2010

DISMISSED

A copy of appellant’s notice of appeal was filed in this court on February 5, 2010.  The clerk of this court notified the appellant in writing that our records did not reflect that the filing fee in the amount of $175.00 was paid.  In addition, our record does not contain any evidence that appellant is excused by statute or rule from paying the filing fee.  See Tex. R. App. P. 5, 20.

On April 28, 2010, we issued a show cause order directing appellant to show cause in writing why this appeal should not be dismissed for failure to pay the filing fee.  See Tex. R. App. P. 5, 42.3(c).  Appellant has not responded to our order.  Because appellant has failed to pay the filing fee required to pursue this appeal, the appeal is dismissed.  See Tex. R. App. P. 5, 42.3(c).

PER CURIAM