Albert Ortiz v. Harris County

• Court: Court of Appeals of Texas
• Decided: April 12, 2007
• Docket: 14-07-00104-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed April 12, 2007

Dismissed and Memorandum Opinion filed April 12, 2007.

In The

Fourteenth Court of Appeals

____________

NO. 14-07-00104-CV

ALBERT ORTIZ, ET AL., Appellants

V.

HARRIS COUNTY, ET AL., Appellees

On Appeal from the 152nd District Court

Harris County, Texas

Trial Court Cause No. 2005-19480

M E M O R A N D U M   O P I N I O N

This appeal is from a judgment signed November 6, 2006.  No clerk=s record has been filed.  The clerk responsible for preparing the record in this appeal informed the court appellant did not make arrangements to pay for the record. 

On March 15, 2007, notification was transmitted to all parties of the Court's intent to dismiss the appeal for want of prosecution unless, within fifteen days, appellant paid or made arrangements to pay for the record and provided this court with proof of payment.  See Tex. R. App. P. 37.3(b).  Appellant filed no response.

Additionally, our records show that appellant has neither established indigence nor  paid the $125.00 appellate filing fee.  See Tex. R. App. P. 5 (requiring payment of fees in civil cases unless indigent);Tex. R. App. P. 20.1 (listing requirements for establishing indigence); see also Order Regarding Fees Charged in Civil Cases in the Supreme Court and the Courts of Appeals, Misc. Docket No. 98-9120 (Tex. Jul. 21, 1998) (listing fees in court of appeals); Tex. Gov=t Code Ann. ' 51.207 (Vernon 2005) (same).

After being given the requisite ten-days= notice that this appeal was subject to dismissal, appellant did not respond.  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). 

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed April 12, 2007.

Panel consists of Justices Yates, Edelman, and Seymore.