Arthur Campbell v. Westover Forest Homeowners Association Inc.

Court of Appeals of Texas·Decided April 2, 2014·No. 04-14-00044-CV·Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-14-00044-CV

Arthur CAMPBELL, Appellant

v. WESTOVER FOREST HOMEOWNERS ASSOCIATION WESTOVER FOREST HOMEOWNERS ASSOCIATION INC., Appellee

From the County Court at Law No. 2, Bexar County, Texas Trial Court No. 385334 Honorable Irene Rios, Judge Presiding

PER CURIAM

Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Marialyn Barnard, Justice

Delivered and Filed: April 2, 2014

DISMISSED

Texas Rule of Appellate Procedure 5 provides the following:

A party who is not excused by statute or these rules from paying costs must pay— at the time an item is presented for filing—whatever fees are required by statute or Supreme Court order. The appellate court may enforce this rule by any order that is just.

TEX. R. APP. P. 5.

Because Appellant failed to pay the filing fee in this appeal, on February 11, 2014, we

ordered appellant, on or before February 21, 2014, to either (1) pay the applicable filing fee or (2)

provide written proof to this court that he is excused by statute or these rules from paying the filing 04-14-00044-CV

fee. See TEX. R. APP. P. 20.1 (providing that party who qualifies as indigent under Rule 20 may

proceed without advance payment of costs). We warned that if appellant failed to respond within

the time provided, this appeal would be dismissed. See TEX. R. APP. P. 42.3(c).

Appellant, however, failed to pay the filing fee or provide written proof that he is excused

from paying the filing fee by the date ordered. We, therefore, dismiss this appeal. See id.

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Arthur Campbell v. Westover Forest Homeowners Association Inc., (Tex. Ct. App. 2014).

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