Allison and David Chapa v. McDougal Properties and Texas State Legal Services

• Court: Court of Appeals of Texas
• Decided: June 5, 2003
• Docket: 07-03-00140-CV
• Status: Published

Opinion

NO. 07-03-0140-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL

JUNE 5, 2003

______________________________

ALLISON & DAVID CHAPA

Appellants

v.

MCDOUGAL PROPERTIES, AND TEXAS STATE LEGAL SERVICES

Appellees

_________________________________

FROM THE COUNTY COURT AT LAW NO. 3 OF LUBBOCK COUNTY

NO. 2002-593,577; HON. PAULA LANEHART, PRESIDING

_______________________________

Before QUINN, REAVIS, and CAMPBELL, JJ.

Appellants Allison and David Chapa filed a notice of appeal on March 20, 2003. However, the Chapas did not pay the $125 filing fee required from appellants pursuant to Texas Rule of Appellate Procedure 5. Nor did they file an affidavit pursuant to Texas Rule of Appellate Procedure 20.1 relieving appellants of their duty to pay the fee. By letter from this Court dated May 22, 2003, we informed appellants that "[u]nless the filing fee in the amount of $125.00 is paid by Monday, June 02, 2003, the appeal will be subject to 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). June 2^nd lapsed without the fee being paid.

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

Per Curiam

his attorney's failure to file a brief.

The trial court shall cause the hearing to be transcribed. Should it be determined that appellant desires to continue the appeal, then the trial court shall also take such measures as may be necessary to assure appellant effective assistance of counsel, which measures may include the appointment of new counsel. If new counsel is appointed, the name, address, telephone number, and state bar number of said counsel shall be included in the order appointing new counsel. Finally, the trial court shall execute findings of fact, conclusions of law, and such orders as the court may enter regarding the aforementioned issues, and cause its findings and conclusions to be included in a supplemental clerk's record. A supplemental record of the hearing shall also be included in the appellate record. Finally, the trial court shall file the supplemental clerk's record and the supplemental reporter's record with the Clerk of this Court by Monday, December 2, 2002.

It is so ordered.

Do not publish.

1. John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment.