Federico Mendoza v. Edgar E. Martinez

• Court: Court of Appeals of Texas
• Decided: July 23, 2009
• Docket: 14-09-00413-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed July 23, 2009

Dismissed and Memorandum Opinion filed July 23, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00413-CV

FEDERICO MENDOZA, Appellant

V.

EDGAR E. MARTINEZ, Appellee

On Appeal from the County Civil Court at Law No. 3

Harris County, Texas

Trial Court Cause No. 858752

M E M O R A N D U M   O P I N I O N

This appeal is from a judgment signed February 5, 2009.  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 June 12, 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).  Appellant has not provided this court with proof of payment for the record or filed any other response to this court=s notice.

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).

On May 19, 2009, the court notified appellant that the filing fee was past due and the appeal was subject to dismissal unless the fee were paid within 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).  Appellant filed no response.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Anderson, Guzman and Boyce.