Jose Angel Becerra v. Estate of Roldan Chavez and Leonor Chavez

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00652-CV

Jose Angel BECERRA, Appellant

v. Estate of Roldan Chavez and Leonor ESTATE OF Roldan CHAVEZ and Leonor Chavez, Appellees

From the 49th Judicial District Court, Webb County, Texas Trial Court No. 2013-CVF-000969-D1 Honorable Jose A. Lopez, Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice

Delivered and Filed: November 20, 2013

DISMISSED FOR WANT OF PROSECUTION

To date, appellant has failed to pay the applicable filing fee in this appeal. Texas Rule of

Appellate Procedure 5 provides,

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.

TEX. R. APP. P. 5.

On October 17, 2013, we ordered appellant to either (1) pay the applicable filing fee in this

appeal or (2) provide written proof to this court that appellant is excused by statute or these rules 04-13-00652-CV

from paying the filing fee on or before November 1, 2013. See TEX. R. APP. P. 20.1 (providing

that party who qualifies as indigent under Rule 20 may proceed without advance payment of costs).

We warned that if appellant failed to respond within the time provided, this appeal would be

dismissed. See TEX. R. APP. P. 42.3(c).

Because appellant has failed to pay the filing fee or provide written proof that he is excused

from paying the filing fee, we dismiss this appeal. See id.

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