Heather C. Daniels v. Citibank (South Dakota) N.A

• Court: Court of Appeals of Texas
• Decided: August 25, 2005
• Docket: 14-05-00695-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed August 25, 2005

Dismissed and Memorandum Opinion filed August 25, 2005.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-00695-CV

HEATHER C. DANIELS, Appellant

V.

CITIBANK (SOUTH DAKOTA, N.A.,) Appellee

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

Harris County, Texas

Trial Court Cause No. 827,622

M E M O R A N D U M  O P I N I O N

This is an appeal from a judgment signed June 1, 2005.  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 July 18, 2005, notification was transmitted to all parties of the Court's intent 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.  Accordingly, this appeal may be dismissed.

As additional grounds for dismissal, our records show that 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 Supp.2004-05) (same).

After being notified that this appeal was subject to dismissal, appellant did not adequately respond.  Accordingly, the appeal is ordered dismissed for nonpayment of 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). 

The appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed August 25, 2005.

Panel consists of Justices Hudson, Frost, and Seymore.