Alvin W. Byrd, Jr. v. Desktop Properties, LLC

• Court: Court of Appeals of Texas
• Decided: October 15, 2008
• Docket: 04-08-00585-CV
• Status: Published

Opinion

i i i i i i

MEMORANDUM OPINION

No. 04-08-00585-CV

Alvin W. BYRD, Jr., Appellant

v.

DESKTOP PROPERTIES, LLC, Appellee

From the 407th Judicial District Court, Bexar County, Texas Trial Court No. 2007-CI-01847 Honorable Peter Sakai, Judge Presiding

PER CURIAM

Sitting: Alma L. López, Chief Justice Catherine Stone, Justice Steven C. Hilbig, Justice

Delivered and Filed: October 15, 2008

DISMISSED

When Alvin W. Byrd filed this appeal, he was required to pay a $175.00 filing fee. See TEX .

GOV ’T CODE ANN . §§ 51.207(b)(1), 51.941(a) (Vernon 2005); id. §§ 51.208, 51.0051 (Vernon Supp.

2008); TEXAS SUPREME COURT ORDER REGARDING FEES CHARGED IN CIVIL CASES IN THE SUPREME

COURT AND THE COURTS OF APPEALS AND BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT

LITIGATION (Misc. Docket No. 07-9138, Aug. 28, 2007) § B.1.(a). Byrd did not pay the required

filing fee; accordingly, the clerk of this court notified Byrd of the deficiency and advised him that 04-08-00585-CV

his notice of appeal was only conditionally filed and the filing fee was due no later than August 22,

2008. Byrd responded by notifying the court he would pay the fee, but requesting additional time

to do so. On September 9, we granted the motion and ordered the filing fee be paid by September

19, 2008. We advised Byrd that if the fee were not paid by the date ordered, the appeal would be

dismissed. See TEX . R. APP . P. 5; 42.3.

The filing fee has not been paid; and Byrd has not otherwise responded to our September 9,

2008, order. We therefore order this appeal dismissed for want of prosecution.

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