Harald Hublik v. Longwood Estates Community Improvement Association

• Court: Court of Appeals of Texas
• Decided: September 1, 2016
• Docket: 09-16-00257-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-16-00257-CV ____________________

HARALD HUBLIK, Appellant

V.

LONGWOOD ESTATES COMMUNITY IMPROVEMENT ASSOCIATION, Appellee _______________________________________________________ ______________

On Appeal from the 284th District Court Montgomery County, Texas Trial Cause No. 14-06-06587-CV ________________________________________________________ _____________

MEMORANDUM OPINION

Harald Hublik filed a notice of appeal on July 15, 2016, concerning a final

judgment signed on June 14, 2016. We sent the appellant a fee bill and notified

him that he needed to explain why the notice of appeal was filed late. See Tex. R.

App. P. 26.3. The appellant neither established indigence nor paid the filing fee for

the appeal. See Tex. R. App. P. 5, 20.1. Additionally, Hublik did not make

arrangements to pay the trial court clerk’s fee for preparing the record. See Tex. R.

1 App. P. 37.3(b). On August 12, 2016, we provided an additional ten days to pay

the filing fee or file a motion for extension of time and an affidavit of indigence.

See Tex. R. App. P. 20.1(c). The appellant did not file a response within the

specified time. See Tex. R. App. P. 42.3(c).

Despite having been given written notice and an opportunity to cure, Hublik

neither paid the filing fee nor established that he is entitled to proceed without

payment of costs. See Tex. R. App. P. 20.1. We dismiss the appeal for want of

prosecution. See Tex. R. App. P. 42.3.

APPEAL DISMISSED.

________________________________ STEVE McKEITHEN Chief Justice

Submitted on August 31, 2016 Opinion Delivered September 1, 2016

Before McKeithen, C.J., Kreger and Horton, JJ.