COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-13-00088-CV

MR. AUBURN COUNTY APPELLANT V. FOUNTAINS OF ROSEMEADE APPELLEE

------------ FROM COUNTY COURT AT LAW NO. 2 OF DENTON COUNTY ------------ MEMORANDUM OPINION 1 AND JUDGMENT ------------ On March 13, 2013, and April 4, 2013, 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 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: GABRIEL, J.; LIVINGSTON, C.J.; and DAUPHINOT, J.

DELIVERED: May 23, 2013

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).