                                   NO. 07-08-0103-CV

                             IN THE COURT OF APPEALS

                      FOR THE SEVENTH DISTRICT OF TEXAS

                                      AT AMARILLO

                                        PANEL C

                                  MARCH 12, 2008
                          ______________________________

                      In the Interest of K.J.S. and K.A.S., Children
                        _________________________________

             FROM THE 320th DISTRICT COURT OF POTTER COUNTY;

                 NO. 64,615-D; HON. DON R. EMERSON, PRESIDING
                       ________________________________

                              MEMORANDUM OPINION
                         ___________________________________

Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.

       Appellant Kenneth James Shaw filed a notice of appeal on February 28, 2008.

However, he did not pay the $175 filing fee required from appellants under Texas Rule of

Appellate Procedure 5. Nor did he file an affidavit of indigence per Texas Rule of Appellate

Procedure 20.1.     By letter from this Court dated February 29, 2008, we informed

appellant’s counsel that the filing fee in the amount of $175.00 had not been paid and if

not paid “within ten (10) days from the date of this notice” the appeal may result in

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.
      Because appellant 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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