Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00542-CV TEXCO MEALS, LLC; Francisco Pena, Jr., and Javier Perez, Appellants v. Texas, ACCION TEXAS, INC., Appellee From the 150th Judicial District Court, Bexar County, Texas Trial Court No. 2013-CI-04503 Honorable Gloria Saldaña, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Justice Marialyn Barnard, Justice Rebeca C. Martinez, Justice Delivered and Filed: October 9, 2013 DISMISSED Javier Perez filed a notice of appeal on August 8, 2013. The clerk’s record has not yet been filed; therefore, it appears the other parties named as appellants have not filed a notice of appeal.

A filing fee of $175.00 was due from Mr. Perez when this appeal was filed but was not paid. See TEX. GOV’T CODE ANN. §§ 51.207(b)(1), 51.941(a)(1) (West 2005); Texas Supreme Court Order Regarding Fees Charged In Civil Cases In the Supreme Court and the Courts of Appeals (July 21, 1998) § B.1.(a). Rule 5 of the Texas Rules of Appellate Procedure 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 04-13-00542-CV

Supreme Court order. The appellate court may enforce this rule by any order that is just.

TEX. R. APP. P. 5.

Accordingly, on September 6, 2013, this court ordered Mr. Perez to either (1) pay the applicable filing fee or (2) provide written proof to this court that he is excused by statute or the Rules of Appellate Procedure from paying the fee. See TEX. R. APP. P. 20.1 (providing that indigent party who complies with provisions of that rule may proceed without advance payment of costs). Our order informed Mr. Perez that if he failed to provide such written proof within the time ordered, this appeal would be dismissed. See TEX. R. APP. P. 42.3. Mr. Perez has not responded. Accordingly, this appeal is dismissed.

PER CURIAM

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