Elaine Tao v. Exquisite Dental Technology, Inc.

• Court: Court of Appeals of Texas
• Decided: August 30, 2007
• Docket: 14-07-00436-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed August 30, 2007

Dismissed and Memorandum Opinion filed August 30, 2007.

In The

Fourteenth Court of Appeals

____________

NO. 14-07-00436-CV

ELAINE TAO, Appellant

V.

EXQUISITE DENTAL TECHNOLOGY, INC., Appellee

On Appeal from the 133rd District Court

Harris County , Texas

Trial Court Cause No. 2007-12053

M E M O R A N D U M  O P I N I O N

This appeal is from a judgment signed May 21, 2007.  The notice of appeal was filed May 23, 2007.  To date, our records show that appellant has neither established indigence nor paid the $125.00 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, Misc. Docket No. 98-9120 (Tex. Jul. 21, 1998) (listing fees in court of appeals); Tex. Gov=t Code Ann. ' 51.207 (Vernon 2005) (same).

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 July 30, 2007, 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.

In addition, the court notified appellant on June 12, 2007, that the court fee was past due and the appeal was subject to dismissal for nonpayment of the filing fee.  No response was filed.  On July 15, 2007, the court ordered appellant to pay the appellate filing fee on or before August 3, 2007, or the appeal would be dismissed.  See Tex. R. App. P. 42.3(c) (allowing involuntary dismissal of case because appellant has failed to comply with notice or order from clerk requiring response or other action within specified time).  Again, no response was filed.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed August 30, 2007.

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