Juan Moreno and Yadira Ramirez v. Hawkins Insurance

• Court: Court of Appeals of Texas
• Decided: June 25, 2009
• Docket: 14-09-00382-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed June 25, 2009

Dismissed and Memorandum Opinion filed June 25, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00382-CV

JUAN MORENO and YADIRA RAMIREZ, Appellants

V.

HAWKINS INSURANCE, ET AL., Appellees

On Appeal from the County Civil Court at Law No. 3

Harris County, Texas

Trial Court Cause No. 840016

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 16, 2009.  No clerk=s record has been filed.  The clerk responsible for preparing the record in this appeal informed the court that appellants did not make arrangements to pay for the record. 

On May 22, 2009, notification was transmitted to all parties of the court=s intention to dismiss the appeal for want of prosecution unless, within fifteen days, appellants 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).  Appellants have not provided this court with proof of payment for the record.

In addition, our records show that appellants have 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 May 21, 2009, the Court ordered appellants to pay the appellate filing fee within fifteen days and gave appellants notice that this appeal was subject to dismissal.  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).  To date, appellants have not paid the filing fee.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Yates and Frost.