Faye D. Bell v. Pallisades Collection, L.L.C. Assignee of At&T

• Court: Court of Appeals of Texas
• Decided: January 17, 2008
• Docket: 14-07-00754-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed January 17, 2008

Dismissed and Memorandum Opinion filed January 17, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-07-00754-CV

FAYE D. BELL, Appellant

V.

PALLISADES COLLECTION, L.L.C., ASSIGNEE OF AT&T, Appellee

On Appeal from the County Court

Fort Bend County, Texas

Trial Court Cause No. 30232

M E M O R A N D U M   O P I N I O N

On September 10, 2007, appellant filed a notice of appeal from a judgment signed August 13, 2007.  No clerk=s record has been filed.  The clerk responsible for preparing the record in this appeal informed the court that appellant, who is not represented by counsel, did not make arrangements to pay for the record and she no longer wants to pursue the appeal.

On December 6, 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).  To date, appellant has not provided this court with proof of payment for the record.

In addition, 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.  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). 

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed January 17, 2008.

Panel consists of Chief Jusitce Hedges and Justices Anderson and Boyce.