Johnny Salas v. Julia Almanza

• Court: Court of Appeals of Texas
• Decided: September 3, 2009
• Docket: 14-09-00565-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed September 3, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00565-CV

JOHNNY SALAS, Appellant

V.

JULIA ALMANZA, Appellee

On Appeal from the 80th District Court

Harris County, Texas

Trial Court Cause No. 2006-74625

M E M O R A N D U M  O P I N I O N

This appeal is from a judgment signed March 3, 2009.  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 August 5, 2009, notification was transmitted to all parties of the court's intention 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 did not file a response to this court=s notice.

In addition,  our records show that appellant has neither established indigence nor paid the $175.00 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 and Before the Judicial Panel on Multidistrict Litigation, Misc. Docket No. 07-9138 (Tex. Aug. 28, 2007) (listing fees in court of appeals); Tex. Gov=t Code Ann. ' 51.207 (Vernon 2005) (same).  On July 8, 2009, the court notified appellant that this appeal was subject to dismissal for nonpayment of the filing fee.  Appellant did not respond to this court=s notice. 

Appellant has not provided this court with proof of payment for the record.   The filing fee has not been paid.  No clerk=s record has been filed.  Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Seymore and Sullivan.