Bernetta S. Williams v. Troy Gabriel

• Court: Court of Appeals of Texas
• Decided: February 13, 2003
• Docket: 01-02-01059-CV
• Status: Published

Opinion

 Opinion issued February 13, 2003

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-02-01059-CV

BERNETTA SHANTA WILLIAMS, Appellant

V.

TROY GABRIEL, Appellee

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On Appeal from the County Civil Court at Law No. 2

Harris County, Texas

Trial Court Cause No. 776441

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MEMORANDUM OPINION

                    Appellant, Bernetta Shanta Williams, is appealing a final judgment signed on September 6, 2002. Appellant timely filed a notice of appeal on October 4, 2002. On October 31, 2002 we issued an order stating in relevant part:

This Court’s records do not affirmatively show that appellant has paid the appellate filing fee of $125. See Tex. R. App. P. 5; 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); Tex. Gov’t Code Ann. § 51.207(a) (Vernon Supp. 2002). Unless within 30 days of the date of this order, appellant pays such filing fee to the Clerk of this Court, the appeal will be dismissed. See Finley v. J.C. Pace Ltd., 4 S.W.3d 319, 321-22 (Tex. App.– Houston [1st Dist.] 1999) (order); Negrini v. Smith, Nelson & Clement P.C., 998 S.W.2d 362, 363 (Tex. App.– Houston [1st Dist.] 1999, no pet.).

If appellant believes the appellate filing fee has been paid, appellant is directed to contact the Clerk of this Court immediately. If appellant believes appellant is entitled to proceed on appeal without advance payment of costs under Tex. R. App. P. 20.1, appellant is directed to immediately file with this Court a file-stamped copy of appellant’s affidavit of indigency or a certified or sworn copy of the signed order overruling any contest to appellant’s affidavit of indigency. See Tex. R. App. P. 20.1(a), (c)(1), (f), (i)(4).

          To date, appellant has not paid the filing fee. Appellant has not responded to the Court’s order of July 23, 2002 Accordingly, for the reasons set forth in the Court’s order of July 23, 2002, the appeal is dismissed for want of prosecution. See Tex. R. App. P. 5; 42.3(b). All other pending motions in this appeal are overruled as moot.

PER CURIAM

Panel consists of Justices Hedges, Alcala, and Hanks.