Levi and Michelle McKenzie v. Community National Bank

• Court: Court of Appeals of Texas
• Decided: August 28, 2014
• Docket: 04-14-00540-CV
• Status: Published

Opinion

Community National

Fourth Court of Appeals San Antonio, Texas August 28, 2014

No. 04-14-00540-CV

Levi and Michelle MCKENZIE, Appellants

v.

COMMUNITY NATIONAL BANK, Appellee

From the 38th Judicial District Court, Medina County, Texas Trial Court No. 13-05-21843-CV The Honorable Camile G. Dubose, Judge Presiding

ORDER To date, appellants have 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.

We, therefore, ORDER appellants, within ten (10) days of the date of this order, to either (1) pay the applicable filing fee in this appeal or (2) provide written proof to this court that they are excused by statute or these rules from paying the filing fee. See TEX. R. APP. P. 20.1 (providing that party who qualifies as indigent under Rule 20 may proceed without advance payment of costs). If appellants fail to respond within the time provided, this appeal will be dismissed. See TEX. R. APP. P. 42.3(c).

_________________________________ Karen Angelini, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 28th day of August, 2014.

___________________________________ Keith E. Hottle Clerk of Court