                                             NO. 07-04-0074-CV

                                      IN THE COURT OF APPEALS

                             FOR THE SEVENTH DISTRICT OF TEXAS

                                                 AT AMARILLO

                                                    PANEL E

                                         MARCH 9, 2004
                                 ______________________________

                     IN THE INTEREST OF J.S.B. AND M.C.B., CHILDREN
                           _________________________________

               FROM THE 286TH DISTRICT COURT OF HOCKLEY COUNTY;

                   NO. 95-03-16,111; HON. HAROLD PHELAN, PRESIDING
                           _______________________________

                                      MEMORANDUM OPINION
                                   _______________________________

Before QUINN and REAVIS, JJ., and BOYD, S.J.1

         Appellant Phillip Edward Barnes filed a notice of appeal on February 23, 2004.

However, he did not pay the $125 filing fee required from appellants under Texas Rule of

Appellate Procedure 5. An affidavit of indigence was filed in the trial court on February 27,

2004, per Texas Rule of Appellate Procedure 20.1, but it was contested. Furthermore, the

contest was upheld. By letter from this Court dated February 24, 2004, we informed

appellant that “the filing fee in the amount of $125.00 has not been paid . . . . Failure to

pay the filing fee within ten (10) days from the date of this notice may result in a dismissal.”

TEX . R. APP. P. 42.3(c); see Holt v. F. F. Enterprises, 990 S.W.2d 756 (Tex. App.--Amarillo

1998, pet. ref’d). The deadline lapsed, and the fee was not received.


         1
          John T. B oyd, C hief Justice (R et.), Se venth Court o f Appea ls, sitting by assignm ent. T E X . G O V ’T
C ODE A N N . §75.002 (a)(1 ) (Vernon Sup p. 2004).
      Because appellant has failed to pay the requisite filing fee as directed by the court,

we dismiss the appeal pursuant to Texas Rule of Appellate Procedure 42.3(c).


                                                Per Curiam




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