Luis De La Cruz v. Maria G. De La Cruz

Opinion

                             NUMBER 13-05-689-CV

                         COURT OF APPEALS

               THIRTEENTH DISTRICT OF TEXAS

                  CORPUS CHRISTI - EDINBURG

___________________________________________________________________

LUIS DE LA CRUZ,                                                   Appellant,

                                           v.

MARIA G. DE LA CRUZ,                                             Appellee.

___________________________________________________________________

                 On appeal from the 105th  District Court

                           of Nueces County, Texas.

___________________________________________________________________

                     MEMORANDUM OPINION

        Before Chief Justice Valdez and Justices Yañez and Garza

Memorandum Opinion Per Curiam

Appellant, LUIS DE LA CRUZ,  perfected an appeal from a judgment entered by the  105th District Court of Nueces County, Texas, in cause number 05-1344-D.  The clerk=s record was received on November 4, 2005.  Pursuant to Tex. Gov=t Code '51.207(b)(1) and ' 51.941(a)(1), a filing fee in the amount of $125.00 is due upon the filing of an appeal.  To date, appellant has failed to pay the filing fee. 

On November 21, 2005, pursuant to Tex. R. App. P. 42.3(c), notice was given to appellant that he was delinquent in remitting this filing fee and that, unless the filing fee was paid within ten days from the date of receipt of this Court=s notice, this appeal would be dismissed.   To date, appellant has failed to respond to this Court=s notice.

The Court, having considered the documents on file and appellant=s failure to comply with the rules, is of the opinion that the appeal should be dismissed.  The appeal is hereby DISMISSED.

PER CURIAM

Memorandum Opinion delivered and filed this

the 26th day of January, 2006