in the Interest of C.A.G., a Child

MEMORANDUM OPINION No. 04-11-00078-CV IN THE INTEREST OF C.A.G., A Child

From the 73rd Judicial District Court, Bexar County, Texas

Trial Court No. 2002-CI-02346 Honorable Jim Rausch, Judge Presiding

PER CURIAM Sitting: Phylis J. Speedlin, Justice

Rebecca Simmons, Justice Steven C. Hilbig, Justice

Delivered and Filed: June 29, 2011 DISMISSED FOR WANT OF PROSECUTION

To date, appellant has failed to pay the applicable filing fee in this appeal. Texas Rule of Appellate Procedure 5 provides,

A party who is not excused by statute or these rules from paying costs must pay— at the time an item is presented for filing—whatever fees are required by statute or Supreme Court order. The appellate court may enforce this rule by any order that is just.

TEX. R. APP. P. 5.

On May 25, 2011, we ordered appellant to either (1) pay the applicable filing fee in this appeal or (2) provide written proof to this court that appellant is excused by statute or these rules from paying the filing fee on or before June 9, 2011. See TEX. R. APP. P. 20.1 (providing that party who qualifies as indigent under Rule 20 may proceed without advance payment of costs). We warned that if appellant failed to respond within the time provided, this appeal would be dismissed. See TEX. R. APP. P. 42.3(c).

Because appellant has failed to pay the filing fee or provide written proof that he is excused from paying the filing fee, we dismiss this appeal. See id.

PER CURIAM