David Swabb v. Janie Guerra Swabb

• Court: Court of Appeals of Texas
• Decided: July 30, 2009
• Docket: 14-09-00545-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed July 30, 2009

Dismissed and Memorandum Opinion filed July 30, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00545-CV

DAVID SWABB, Appellant

V.

JANIE GUERRA SWABB, Appellee

On Appeal from the 246th District Court

Harris County, Texas

Trial Court Cause No. 2003-53142

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 March 13, 2009.  The notice of appeal was filed June 11, 2009.  To date, our records show that appellant has neither established indigence nor paid the $175.00 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 and Before the Judicial Panel on Multidistrict Litigation, Misc. Docket No. 07-9138 (Tex. Aug. 28, 2009) (listing fees in court of appeals); Tex. Gov=t Code Ann. ' 51.207 (Vernon 2005) (same).

After being given the requisite notice that this appeal was subject to dismissal, appellant has not paid the filing fee.  See Tex. R. App. P. 42.3(c) (allowing involuntary dismissal because appellant failed to comply with order or notice from clerk requiring response or other action within specified time).

In addition, no clerk=s record has been filed.  The clerk responsible for preparing the record in this appeal informed the court that appellant did not make arrangements to pay for the record.  Notification was transmitted to all parties of the court=s intention to dismiss the appeal for want of prosecution unless appellant paid or made arrangements to pay for the record and provided this court with proof of payment within fifteen days.  See Tex. R. App. P. 37.3(b) (allowing involuntary dismissal when no clerk=s record has been filed due to appellant=s fault).  Appellant filed no response.

Accordingly, the appeal is ordered dismissed. 

PER CURIAM

Panel consists of Justices Anderson, Guzman and Boyce.