Texas Kenworth Company v. BMR Transport

• Court: Court of Appeals of Texas
• Decided: August 9, 2006
• Docket: 12-06-00225-CV
• Status: Published

Opinion

PER CURIAM HEADING

                                        NO. 12-06-00225-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

TEXAS KENWORTH COMPANY, §          APPEAL FROM THE 4TH

APPELLANT

V.        §          JUDICIAL DISTRICT COURT OF

BMR TRANSPORT,

APPELLEE   §          RUSK COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            This appeal is being dismissed for failure to comply with the Texas Rules of Appellate Procedure.  Tex. R. App. P. 42.3.  On July 14, 2006, this Court notified Appellant that the filing fee was due to have been paid on or before July 7, 2006, but had not been received.  See Tex. R. App. P. 5.  The notice further provided that unless the filing fee was paid on or before July 24, 2006, the appeal would be presented for dismissal in accordance with Rule 42.3.  The date for paying the filing fee has passed, and Appellant has not complied with the Court’s request.  Because Appellant has failed, after notice, to comply with Rule 5, the appeal is dismissed.  See Tex. R. App. P. 42.3(c).

Opinion delivered August 9, 2006.

Panel consisted of Worthen, C.J. and Griffith, J.

(PUBLISH)