Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-14-00540-CV Levi and Michelle MCKENZIE, Appellants v. COMMUNITY COMMUNITY NATIONAL BANK, Appellee From the 38th Judicial District Court, Medina County, Texas Trial Court No. 13-05-21843-CV The Honorable Camile G. Dubose, Judge Presiding PER CURIAM Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Marialyn Barnard, Justice Delivered and Filed: October 29, 2014 DISMISSED Texas Rule of Appellate Procedure 5 provides the following: 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.

Because Appellants Levi and Michelle McKenzie failed to pay the filing fee in this appeal, on August 28, 2014, we ordered appellants to either (1) pay the applicable filing fee or (2) provide written proof to this court that they are excused by statute or these rules from paying the filing fee.

04-14-00540-CV

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 appellants failed to respond by September 8, 2014, this appeal would be dismissed. See TEX. R. APP. P. 42.3(c).

Appellants, however, failed to pay the filing fee or provide written proof that they are excused from paying the filing fee by the date ordered. We, therefore, dismiss this appeal. See id.

PER CURIAM

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