Diagnos, Inc. v. Houston Cyclotron Partners, LP D/B/A Cyclotope

• Court: Court of Appeals of Texas
• Decided: February 12, 2009
• Docket: 14-08-01162-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed February 12, 2009

Dismissed and Memorandum Opinion filed February 12, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-01162-CV

DIAGNOS, INC., Appellant

V.

HOUSTON CYCLOTRON PARTNERS, LP d/b/a CYCLOTOPE, Appellee

On Appeal from the 133rd District Court

Harris County, Texas

Trial Court Cause No. 2008-08850

M E M O R A N D U M   O P I N I O N

According to information provided to this Court, this appeal is from a judgment signed August 4, 2008.  To date, our records show that appellant has not 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, 2008) (listing fees in court of appeals); Tex. Gov=t Code Ann. ' 51.207 (Vernon 2005) (same).  On January 15, 2009, notice was transmitted to the parties that the appeal was subject to dismissal unless the filing fee was paid in ten days.  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 No response was filed).

In addition, 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 20, 2009, notification was transmitted to all parties of the Court=s intention to dismiss the appeal for want of prosecution unless, within fifteen days, appellant paid or made arrangements to pay for the record and provided this court with proof of payment.  See Tex. R. App. P. 37.3(b).  No response was filed.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Anderson and Seymore.