MEMORANDUM OPINION No. 04-10-00920-CV Erik SLOMAN-MOLL, M.D., Appellant v. SOUTHWESTERN BELL YELLOW PAGES, INC. N/K/A AT&T Advertising, L.P., Appellee From the County Court At Law No. 10, Bexar County, Texas Trial Court No. 362712 Honorable Irene Rios, Judge Presiding PER CURIAM Sitting: Phylis J. Speedlin, Justice Rebecca Simmons, Justice Steven C. Hilbig, Justice Delivered and Filed: March 16, 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.

04-10-00920-CV

On February 9, 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 February 24, 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

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