NO. 07-13-0013-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL B JANUARY 28, 2013 ____________________________ TERRY BLANKENSHIP, Appellant v. BRAD LIVINGSTON, ET AL., Appellees ___________________________ FROM THE 108[TH] DISTRICT COURT OF POTTER COUNTY; NO. 98,395-E; HON. DOUGLAS WOODBURN, PRESIDING __________________________ Order of Dismissal __________________________ Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

Appellant Terry Blankenship filed a notice of appeal on January 11, 2013, but failed to pay the $175 filing fee required under Texas Rule of Appellate Procedure 5. We informed appellant, by letter dated January 11, 2013, that the filing fee was outstanding and that the appeal would be dismissed unless it was paid by January 22, 2013. Tex. R. App. P. 42.3(c); see Holt v. F.F. Enterprises, 990 S.W.2d 756 (Tex. App. - Amarillo 1998, pet. ref'd). The fee has not been paid to date. Nor does the record show him to be indigent or having requested leave to proceed as an indigent.

Because appellant has failed to pay the requisite filing fee as directed by the court, we dismiss the appeal pursuant to Texas Rule of Appellate Procedure 42.3(c).

Per Curiam