David Gracia and Grace Concrete Products, Inc. v. Mashkoor Alam

• Court: Court of Appeals of Texas
• Decided: September 3, 2003
• Docket: 07-03-00364-CV
• Status: Published

Opinion

NO. 07-03-0364-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL D

SEPTEMBER 3, 2003 ______________________________

DAVID GRACIA AND GRACE CONCRETE PRODUCTS, INC.

Appellants

v.

MASHKOOR ALAM

Appellee _________________________________

FROM THE 359TH DISTRICT COURT OF MONTGOMERY COUNTY;

NO. 02-04-02198-CV; HON. KATHLEEN HAMILTON, PRESIDING _______________________________

Before QUINN, REAVIS and CAMPBELL, JJ.

MEMORANDUM OPINION

Appellants David Gracia and Grace Concrete Products, Inc. filed a notice of appeal

on July 24, 2003. However, they did not pay the $125 filing fee required from appellants

pursuant to Texas Rule of Appellate Procedure 5. Nor did they file an affidavit pursuant

to Texas Rule of Appellate Procedure 20.1 relieving appellants of their duty to pay the fee.

By letter from this Court dated August 20, 2003, we informed appellants that “[u]nless the

filing fee in the amount of $125.00 is paid by Tuesday, September 2, 2003, the appeal will be subject to dismissal.” TEX . R. APP . P. 42.3(c); see Holt v. F. F. Enterprises, 990 S.W.2d

756 (Tex. App.--Amarillo 1998, pet. ref’d). September second lapsed without the fee being

paid.

Consequently, we dismiss the appeal pursuant to Texas Rule of Appellate

Procedure 42.3(c).

Per Curiam