Elizabeth Gupta v. Midland Funding LLC

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00227-CV

Elizabeth GUPTA, Appellant

v.

MIDLAND FUNDING LLC, Appellee

From the 341st Judicial District Court, Webb County, Texas Trial Court No. 2012CVF000115 D3 Honorable Rebecca Ramirez Palomo, Judge Presiding

PER CURIAM

Sitting: Sandee Bryan Marion, Justice Marialyn Barnard, Justice Rebeca C. Martinez, Justice

Delivered and Filed: June 19, 2013

DISMISSED

A filing fee of $175.00 was due from appellant Elizabeth Gupta when this appeal was filed

but was not paid. See TEX. GOV’T CODE ANN. §§ 51.207(b)(1), 51.941(a)(1) (Vernon 2005); Texas

Supreme Court Order Regarding Fees Charged In Civil Cases In the Supreme Court and the Courts

of Appeals (July 21, 1998) § B.1.(a). Rule 5 of the Texas Rules of Appellate Procedure provides:

A party who is not excused by statute or these rules from paying costs must pay – at the time an item is presented for filing – whatever fees are required by statute or Supreme Court order. The appellate court may enforce this rule by any order that is just.

TEX. R. APP. P. 5. 04-13-00227-CV

Accordingly, on May 14, 2013, this court ordered appellant to either (1) pay the applicable

filing fee or (2) provide written proof to this court that she is excused by statute or the Rules of

Appellate Procedure from paying the fee. See TEX. R. APP. P. 20.1 (providing that indigent party

who complies with provisions of that rule may proceed without advance payment of costs). Our

order informed appellant that if she failed to provide such written proof within the time ordered,

this appeal would be dismissed. See TEX. R. APP. P. 42.3. Appellant has not responded.

Accordingly, this appeal is dismissed.