James Charles Smith v. Pioneer Homes Builders, Inc.

Opinion

Dismissed and Memorandum Opinion filed July 23, 2013.

In The

Fourteenth Court of Appeals

NO. 14-12-00825-CV

JAMES CHARLES SMITH, Appellant

V.

PIONEER HOMES BUILDERS, INC., Appellee

On Appeal from the 133rd District Court Harris County, Texas

Trial Court Cause No. 2011-57739

MEMORANDUM OPINION

This appeal is from a judgment signed August 28, 2012. Appellant filed a notice of appeal on August 31, 2012. Appellant filed a motion to proceed without payment of costs in this court. See Tex. R. App. P. 20.1(h). The district clerk filed a contest. We abated the appeal and referred the matter to the trial court. See Tex. R. App. P. 20.1(h)(4). On May 13, 2013, the trial court signed an order sustaining the contest to appellant’s claim of indigence. No motion challenging the trial

2

court’s order was filed. See Tex. R. App. P. 20.1(j)(2).

Accordingly, appellant was ordered to pay the filing fee in the amount of $175.00 to the Clerk of this court on or before July 1, 2013, or the appeal would be dismissed. See Tex. R. App. P. 5.

Appellant has not paid the appellate filing fee. Accordingly, the appeal is ordered dismissed. 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).

PER CURIAM

Panel consists of Justices Boyce, Jamison, and Busby.