In the Matter of the Estate of Robert L. Gill, Sr., Deceased--Appeal from Probate Court No 2 of Bexar County

MEMORANDUM OPINION

No. 04-08-00040-CV

IN THE MATTER OF THE ESTATE OF ROBERT L. GILL, SR., Deceased

From the Probate Court No 2, Bexar County, Texas

Trial Court No. 2002-PC-2718

Honorable Tom Rickhoff, Judge Presiding

PER CURIAM

Sitting: Alma L. Lopez, Chief Justice

Rebecca Simmons, Justice

Steven C. Hilbig, Justice

Delivered and Filed: March 5, 2008

DISMISSED

A copy of appellant's notice of appeal was filed in this court on January 22, 2008. The clerk of this court notified the appellant in writing that our records did not reflect that the filing fee in the amount of $175.00 was paid. In addition, our record does not contain any evidence that appellant is excused by statute or rule from paying the filing fee. See Tex. R. App. P. 5, 20. To the contrary, the record contains the trial court's order sustaining a contest to appellant's affidavit of indigence and requiring him to pay the costs associated with this appeal.

On February 7, 2008, we issued a show cause order directing appellant to show cause in writing within fifteen days of the date of our order why this appeal should not be dismissed for failure to pay the filing fee. See Tex. R. App. P. 5, 42.3(c). Appellant subsequently filed a Notice of Leave for De Novo Appeal to the Texas Supreme Court in Forma Pauperis and a request that the lower court and appellate court records be transferred to the clerk of the Supreme Court. Neither of these filings included this court's required filing fee. Because appellant has failed to pay the filing fee required to pursue this appeal, the appeal is dismissed. See Tex. R. App. P. 5, 42.3(c).

PER CURIAM