Kathie Grustein v. Steve R. Overton

• Court: Court of Appeals of Texas
• Decided: February 28, 2019
• Docket: 13-19-00022-CV
• Status: Published

Opinion

NUMBER 13-19-00022-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

KATHIE GRUSTEIN, Appellant,

v.

STEVE R. OVERTON, Appellee. ____________________________________________________________

On appeal from the 198th District Court of Bandera County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Benavides, Longoria, and Hinojosa Memorandum Opinion by Justice Longoria

Appellant Kathie Grustein attempted to appeal a judgment entered by the 198th

District Court of Bandera County on September 18, 2018. 1 On January 15, 2019, the

1 This case is before the Court on transfer from the Fourth Court of Appeals in San Antonio pursuant

to a docket equalization order issued by the Supreme Court of Texas. See TEX. GOV'T CODE ANN. § 73.001 (West, Westlaw through 2017 1st C.S.). Clerk of this Court requested appellant to pay the filing fee for the notice of appeal within

ten days. On January 28, 2019, the Clerk of this Court notified appellant, in accordance

with Texas Rule of Appellate Procedure 42.3(c), that he was delinquent in paying the filing

fee and that we would dismiss this appeal unless the $205.00 filing fee was paid. See

TEX. R. APP. P. 42.3(c). Appellant has not responded to the notice from the Clerk or paid

the filing fee. See TEX. R. APP. P. 5; id. R. 12.1(b).

The Court, having considered the documents on file and appellant’s failure to pay

the filing fee, is of the opinion that the appeal should be dismissed. See id. R. 42.3(b),(c).

Accordingly, the appeal is DISMISSED for want of prosecution.

NORA L. LONGORIA Justice

Delivered and filed the 28th day of February, 2019.