Bay Area and Highway Three Ltd., F/K/A Bay Area and Highway Three, Inc. v. KS Management Services LLP

• Court: Court of Appeals of Texas
• Decided: May 17, 2007
• Docket: 14-07-00195-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed May 17, 2007

Dismissed and Memorandum Opinion filed May 17, 2007.

In The

Fourteenth Court of Appeals

____________

NO. 14-07-00195-CV

BAY AREA AND HIGHWAY THREE LTD., F/K/A BAY AREA AND

HIGHWAY THREE, INC., Appellant

V.

KS MANAGEMENT SERVICES L.L.P., Appellee

On Appeal from the 234th District Court

Harris County, Texas

Trial Court Cause No. 2003-61871

M E M O R A N D U M   O P I N I O N

This is an appeal from a judgment signed December 4, 2006.  The notice of appeal was filed on March 2, 2007.  To date, 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.  Accordingly, the appeal is ordered 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

Judgment rendered and Memorandum Opinion filed May 17, 2007.

Panel consists of Justices Anderson, Fowler, and Frost.