Frank Washington v. Columbia Real Estate C/O Mohammad Asaduddin

• Court: Court of Appeals of Texas
• Decided: August 31, 2006
• Docket: 14-06-00514-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed August 31, 2006

Dismissed and Memorandum Opinion filed August 31, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-00514-CV

FRANK WASHINGTON, Appellant

V.

COLUMBIA REAL ESTATE C/O MOHAMMAD ASADUDDIN, Appellee

On Appeal from the County Court at Law No. 1

Fort Bend County , Texas

Trial Court Cause No. 28425

M E M O R A N D U M  O P I N I O N

This appeal is from a judgment signed April 28, 2006.  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 August 4, 2006, notification was transmitted to all parties of this 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 filed no response.

In addition, our records show that to date 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).  After being given the requisite ten-days= notice that this appeal was subject to dismissal, appellant did not respond.  See Tex. R. App. P. 42.3 (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 August 31, 2006.

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