Leonard Sharp v. J.P. Morgan Chase Manhattan Bank

Court of Appeals of Texas

Leonard Sharp v. J.P. Morgan Chase Manhattan Bank

DecidedJanuary 26, 2006

Docket14-05-01162-CV

StatusPublished

This text of Leonard Sharp v. J.P. Morgan Chase Manhattan Bank (Leonard Sharp v. J.P. Morgan Chase Manhattan Bank) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Leonard Sharp v. J.P. Morgan Chase Manhattan Bank, (Tex. Ct. App. 2006).

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Opinion

Dismissed and Memorandum Opinion filed January 26, 2006

Dismissed and Memorandum Opinion filed January 26, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-01162-CV

LEONARD SHARP, Appellant

V.

J. P. MORGAN CHASE MANHATTAN BANK, Appellee

On Appeal from the 157th District Court

Harris County, Texas

Trial Court Cause No. 04-49670

M E M O R A N D U M O P I N I O N

This appeal is from a judgment signed October 17, 2005. To date, our records show that appellant has neither established indigence nor paid the $125.00 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, Misc. Docket No. 98-9120 (Tex. Jul. 21, 1998) (listing fees in court of appeals); Tex. Gov=t Code Ann. ' 51.207 (Vernon 2005) (same). On December 6, 2005, this court notified appellant that his appeal was subject to dismissal. In response, on December 12, 2005, appellant furnished this court with an affidavit of indigence. A party who cannot pay the costs of appeal may proceed without advance payment of costs if a proper affidavit of indigence is filed in the trial court with or before the notice of appeal, and no contest is filed. Tex. R. App. P. 20.1. Appellant=s affidavit, filed in this court on December 12, 2005, is untimely.

In addition, no clerk=s record has been filed. On December 27, 2005, the clerk responsible for preparing the record in this appeal informed the court appellant did not make arrangements to pay for the record. The clerk further informed the court that no affidavit of inability to pay costs was filed in the trial court.

On December 27, 2005, 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 filed no response.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed January 26, 2006.

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

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Dismissed and Memorandum Opinion filed January 26, 2006

Dismissed and Memorandum Opinion filed January 26, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-01162-CV

LEONARD SHARP, Appellant

V.

J. P. MORGAN CHASE MANHATTAN BANK, Appellee

On Appeal from the 157th District Court

Harris County, Texas

Trial Court Cause No. 04-49670

M E M O R A N D U M O P I N I O N

This appeal is from a judgment signed October 17, 2005. To date, our records show that appellant has neither established indigence nor paid the $125.00 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, Misc. Docket No. 98-9120 (Tex. Jul. 21, 1998) (listing fees in court of appeals); Tex. Gov=t Code Ann. ' 51.207 (Vernon 2005) (same). On December 6, 2005, this court notified appellant that his appeal was subject to dismissal. In response, on December 12, 2005, appellant furnished this court with an affidavit of indigence. A party who cannot pay the costs of appeal may proceed without advance payment of costs if a proper affidavit of indigence is filed in the trial court with or before the notice of appeal, and no contest is filed. Tex. R. App. P. 20.1. Appellant=s affidavit, filed in this court on December 12, 2005, is untimely.

In addition, no clerk=s record has been filed. On December 27, 2005, the clerk responsible for preparing the record in this appeal informed the court appellant did not make arrangements to pay for the record. The clerk further informed the court that no affidavit of inability to pay costs was filed in the trial court.

On December 27, 2005, 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 filed no response.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed January 26, 2006.

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

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