Mario's Roxy, LTD D/B/A the Roxy, Austin Entertainment Group, Inc. v. Martimiano Chavez & Antonia Mendoza, Individually and as Representatives of the Estate of Aldo Christian Chavez, and as Next Friend of Martin Chavez, Jr., a Minor

• Court: Court of Appeals of Texas
• Decided: December 30, 2008
• Docket: 14-08-00872-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed December 30, 2008

Dismissed and Memorandum Opinion filed December 30, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-00872-CV

MARIO=S ROXY, LTD. d/b/a THE ROXY, and AUSTIN ENTERTAINMENT GROUP, INC. Appellants

V.

MARTIMIANO CHAVEZ and ANTONIA MENDOZA, Individually and as Representatives of the Estate of ALDO CHRISTIAN CHAVEZ, Deceased, and as Next Friend of MARTIN CHAVEZ, JR. A Minor Child, Appellees

On Appeal from the 280th District Court

Harris County, Texas

Trial Court Cause No. 2006-07404

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 August 8, 2008.  The notice of appeal was filed on September 8, 2008.  To date, our records show that appellant has 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).

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 November 20, 2008.  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 Yates, Guzman, and Sullivan.