Joy Nall v. Clover Hill Apartments ( 2010 )

02-10-316-CV

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-10-00316-CV

Joy Nall		APPELLANT
V.
Clover Hill Apartments		APPELLEE

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FROM County Court at Law No. 1 OF Tarrant COUNTY

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MEMORANDUM OPINION^[1] AND JUDGMENT

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On September 10, 2010, and September 27, 2010, we notified appellant, in accordance with rule of appellate procedure 42.3(c), that we would dismiss this appeal unless the $175 filing fee was paid.  See Tex. R. App. P. 42.3(c).  On October 27, 2010, we called the phone number that appellant listed on her notice of appeal, but the phone number is no longer in service. We also contacted the trial court clerk and verified that the trial court has the same address as our court and that there is not a forwarding address for appellant.

Appellant has not paid the $175 filing fee.  See Tex. R. App. P. 5, 12.1(b).  Because appellant has failed to comply with a requirement of the rules of appellate procedure and the Texas Supreme Court’s order of August 28, 2007,^[2] we dismiss the appeal.  See Tex. R. App. P. 42.3(c), 43.2(f).

Appellant shall pay all costs of this appeal, for which let execution issue.  See Tex. R. App. P. 43.4.

          PER CURIAM

PANEL:  GARDNER, WALKER, and MCCOY, JJ.

DELIVERED:  November 4, 2010

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^[1]See Tex. R. App. P. 47.4.

^[2]See Supreme Court of Tex., Order Regarding Fees Charged in Civil Cases in the Supreme Court and the Courts of Appeals and Before the Judicial Panel on Multidistrict Litigation, Misc. Docket No. 07-9138 (Aug. 28, 2007) (listing fees in courts of appeals).