Donald L. Young v. Chris Di Ferrante

• Court: Court of Appeals of Texas
• Decided: May 1, 2008
• Docket: 14-07-00995-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed May 1, 2008

Dismissed and Memorandum Opinion filed May 1, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-07-00995-CV

DONALD L. YOUNG, ET AL, Appellants

V.

CHRIS DI FERRANTE, Appellee

On Appeal from County Court at Law No. 2

Galveston County, Texas

Trial Court Cause No. 52,700-B

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 August 16, 2007.  The notice of appeal was filed on November 19, 2007.  On February 29, 2008, appellee filed a motion to dismiss this appeal for failure to pay the filing fee.

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, 2007) (listing fees in court of appeals); Tex. Gov=t Code Ann. ' 51.207 (Vernon 2005) (same).

After being given the requisite ten-days= notice that this appeal was subject to dismissal, appellant has not paid the filing fee in accordance with our order of April 3, 2008.  See Tex. R. App. P. 42.3.  Accordingly, the motion is granted and the appeal is ordered dismissed.  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). 

PER CURIAM

Judgment rendered and Memorandum Opinion filed May 1, 2008.

Panel consists of Justices Frost, Seymore, and Guzman.