in Re Firestone/Ford Cases (Coordinated for PreTrial Proceedings Under Rule 11 of the Texas Rules of Judicial Administration)

• Court: Court of Appeals of Texas
• Decided: June 9, 2004
• Docket: 04-04-00253-CV
• Status: Published

Opinion

MEMORANDUM OPINION No. 04-04-00253-CV IN RE FIRESTONE/FORD CASES From the 285th Judicial District Court, Bexar County, Texas Trial Court No. 2001-CI-04351 Honorable Michael Peden, Judge Presiding

PER CURIAM

Sitting: Sarah B. Duncan, Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: June 9, 2004

DISMISSED

When Esther De La Garza Hurtado filed this appeal, she was required to pay a $125.00 filing fee. See Tex. Gov't Code Ann. § 51.207(b)(1) and § 51.941(a)(1) (Vernon Supp. 2003); Texas Supreme Court Order Regarding Fees Charged In Civil Cases In the Supreme Court and the Courts of Appeals (July 21, 1998) § B.1.(a). Hurtado did not pay the required filing fee; accordingly, in a letter dated April 19, 2004, the clerk of this court notified Hurtado of the deficiency. On May 4, 2004, when the fee remained unpaid, this court ordered that Hurtado must, not later than May 14, 2004, either (1) pay the applicable filing fee or (2) provide written proof to this court that she is excused by statute or the Texas Rules of Appellate Procedure from paying the fee. See Tex. R. App. P. 5 ("A party who is not excused by statute or these rules from paying costs must pay - at the time an item is presented for filing - whatever fees are required by statute or Supreme Court order. The appellate court may enforce this rule by any order that is just."). The court advised Hurtado that if she failed to respond satisfactorily within the time ordered, the appeal would be dismissed. See Tex. R. App. P. 42.3.

The filing fee has not been paid; and Hurtado has not otherwise responded to our May 4, 2004 order. We therefore order this appeal dismissed for want of prosecution. We further order Hurtado to bear all costs of this appeal.