IN RE: The Marriage of Flory Lester and Phillip K. Lester (2016)

MEMORANDUM OPINION

This is an appeal from a judgment signed September 25, 2015.  The notice of appeal was filed prematurely on September 4, 2015.  On January 8, 2016, this court ordered appellant, Phillip K. Lester, to pay the appellate filing fee of $205 on or before January 19, 2016, or the appeal would be dismissed.  See Tex.R.App. P. 5 (requiring payment of fees in civil cases unless party is excused by statute or by appellate rules from paying costs);  Tex. Gov't Code Ann. § 51.207.  Appellant did not pay the fee.  He did, however, pay for the clerk's record, which was filed on January 22, 2016.  We then issued an order that he pay the filing fee on or before February 8, 2016.  Appellant has not paid the fee.

Accordingly, the appeal is DISMISSED.  See Tex.R.App. P. 42.3(c) (allowing involuntary dismissal of case because appellant has failed to comply with notice from clerk requiring response or other action within specified time).

PER CURIAM