James Dickey v. Chicago Pneumatic Tool Co.

• Court: Court of Appeals of Texas
• Decided: June 13, 2002
• Docket: 01-02-00193-CV
• Status: Published

Opinion

Opinion issued June 13, 2002

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-02-00193-CV

JAMES DICKEY, Appellant

V.

CHICAGO PNEUMATIC TOOL COMPANY, Appellee

On Appeal from the 270th District Court

Harris County, Texas

Trial Court Cause No. 98-42278

O P I N I O N

According to information provided by the trial court clerk, this is an appeal from a judgment signed on January 25, 2002. It appears that the notice of appeal was timely filed on February 25, 2002. However, the record and the appellate filing fee of $125 have not been paid by appellant and are past due.

On May 2, 2002, the Court issued an order, stating in pertinent part as follows:

(1) This Court's records do not affirmatively show that appellant has paid the appellate filing fee of $125. See Tex. R. App. P. 5; 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); Tex. Gov't Code Ann. § 51.207(a) (Vernon Supp. 2002). Unless within 15 days of the date of this order, appellant pays such filing fee to the Clerk of this Court, the appeal will be dismissed. See Finley v. J.C. Pace Ltd., 4 S.W.3d 319, 321-22 (Tex. App.- Houston [1st Dist.] 1999) (order); Negrini v. Smith, Nelson & Clement P.C., 998 S.W.2d 362, 363 (Tex. App.- Houston [1st Dist.] 1999, no pet.).

• Appellant is advised that the clerk's record is due on May 25, 2002. It is appellant's obligation to pay for the clerk's record before it is filed. See Tex. R. App. P. 35.3(a)(2). Subject to payment being made by appellant, the trial court clerk is ordered to file the clerk's record by May 25, 2002. If the clerk's record is not so filed, at the expiration of such 30-day period, the trial court clerk is ordered to advise this Court in writing of the reason why the clerk's record has not been filed. If the reason is the failure of appellant to pay for the clerk's record, appellant is advised that the appeal is subject to being dismissed. See Tex. R. App. P. 37.3(b).

The clerk's record has not been filed, and the trial court clerk has advised the Court that the reason is the failure of appellant to pay for the clerk's record. The appellate filing fee has not been paid. Appellant states in a letter to this Court that he should not have to pay because his attorney received a settlement. Be that as it may, this appeal cannot proceed without the payment of the filing fee and the filing of the clerk's record.

Accordingly, for the reasons set forth in the Court's order of May 2, 2002, the appeal is dismissed for want of prosecution.

PER CURIAM

Panel consists of Justices Hedges, Jennings, and Price. ⁽¹⁾

Do not publish. Tex. R. App. P. 47.

1.

The Honorable Frank C. Price, former Justice, Court of Appeals, First District of Texas at Houston, participating by assignment.