Glenda Bills v. Gilvin-Terrill, LTD.

Opinion

NO. 07-05-0158-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL D

MAY 23, 2005

______________________________

GLENDA BILLS, APPELLANT

V.

GILVIN-TERRILL, LTD., APPELLEE

_________________________________

FROM THE 47^TH DISTRICT COURT OF ARMSTRONG COUNTY;

NO. 2,166; HONORABLE HAL MINER, JUDGE

_______________________________

Before QUINN, C.J., and REAVIS and CAMPBELL, JJ.

MEMORANDUM OPINION

By letter dated April 19, 2005, appellant Glenda Bills was notified that the required filing fee had not been paid, noting that failure to do so within ten days might result in dismissal. Unless a party is excused from paying a filing fee, the Clerk of this Court is required to collect filing fees set by statute or the Supreme Court when an item is presented for filing. See Tex. R. App. P. 5 and 12.1(b). Although the filing of a notice of appeal invokes this Court's jurisdiction, if a party fails to follow the prescribed rules of appellate procedure, the appeal may be dismissed. Tex. R. App. P. 25.1(b). Thus, because the filing fee remains unpaid, we must dismiss the appeal.

Accordingly, the appeal is dismissed for failure to comply with the Texas Rules of Appellate Procedure and with a notice from the Clerk requiring payment of the filing fee. Tex. R. App. P. 42.3(c).

Don H. Reavis

Justice