Kevin J. Swan v. Deutsche Bank

• Court: Court of Appeals of Texas
• Decided: February 5, 2009
• Docket: 14-08-00474-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed February 5, 2009

Dismissed and Memorandum Opinion filed February 5, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-00474-CV

KEVIN J. SWAN, ET AL., Appellants

V.

DEUTSCHE BANK, ET AL., Appellees

On Appeal from County Civil Court at Law No. 2

Harris County, Texas

Trial Court Cause No. 913081

M E M O R A N D U M   O P I N I O N

This is an appeal from a judgment signed May 16, 2008.  The notice of appeal was filed on May 22, 2008.  To date, the filing fee of $175.00 has not been paid.  Appellant filed an affidavit of indigency in the trial court.  A contest to the affidavit was filed and the trial court signed an order sustaining the contest.  On August 15, 2008, a supplemental clerk=s record was filed containing that order.  On September 11, 2008, appellant was ordered to pay the filing fee.  On September 26, 2008, appellant filed a motion to reconsider his affidavit or, alternatively, an extension of time to pay the fee.  The motion was denied.

After being given the requisite ten-days= notice that this appeal was subject to dismissal, appellant has not paid the filing fee in accordance with our order of January 8, 2009.  See Tex. R. App. P. 42.3.  Accordingly, the appeal is ordered dismissed.  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). 

PER CURIAM

Panel consists of Justices Frost, Brown, and Boyce.