Christine E. Reule v. Sherwood Valley I Council of Co-Owners, Inc., Wayne Murray, Property Masters, Inc., Jack Kenney, and Colony Insurance Company

• Court: Court of Appeals of Texas
• Decided: March 30, 2006
• Docket: 14-05-01231-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed March 30, 2006

Dismissed and Memorandum Opinion filed March 30, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-01231-CV

CHRISTINE E. REULE, Appellant

V.

SHERWOOD VALLEY I COUNCIL OF CO-OWNERS, INC.,

WAYNE MURRAY, PROPERTY MASTERS, INC., JACK KENNEY,

AND COLONY INSURANCE COMPANY, Appellees

On Appeal from the 189th District Court

Harris County, Texas

Trial Court Cause No. 04-25396

M E M O R A N D U M  O P I N I O N

This is an appeal from an order of dismissal for want of prosecution signed September 27, 2005.  Appellant filed a notice of appeal on October 27, 2005.  Appellant has not paid the appellate filing fee of $125.00.  See Tex. R. App. P. 5.  No clerk=s record has been filed.  The clerk responsible for preparing the record in this appeal informed the court appellant did not make arrangements to pay for the record. 

On January 11, 2006, appellant filed a motion to proceed in forma pauperis in this court.  A party who cannot pay the costs of appeal may proceed without advance payment of costs if she files a proper affidavit of indigence in compliance with the appellate rules in the trial court with or before the notice of appeal, and the affidavit is not successfully contested.  See Tex. R. App. P. 20.1.  Appellant did not demonstrate that she complied with the Texas Rules of Appellate Procedure for proceeding without advance payment of costs on appeal.  Accordingly, on February 16, 2006, the court denied the motion and ordered appellant to pay the appellate filing fee in the amount of $125.00 and to provide this court with proof of payment for preparation of the clerk=s record on or before March 1, 2006.  The court notified appellant that failure to comply with its order would result in dismissal of the appeal.  See Tex. R. App. P. 42.3(c).  Appellant did not respond timely.  On March 13, 2006, appellant filed a motion for reconsideration of the ruling on her motion to proceed in forma pauperis.  Appellant did not comply with the procedures set forth in Texas Rule of Appellate Procedure 20 for proceeding without payment of costs on appeal.  Therefore, we denied the motion.

To date, appellant has not complied with this court=s February 16, 2006, order.  Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed March 30, 2006.

Panel consists of Chief Justice Hedges and Justices Yates and Guzman.