Maritza Quintanilla v. Abel Quintanilla

• Court: Court of Appeals of Texas
• Decided: March 11, 2004
• Docket: 13-03-00514-CV
• Status: Published

Opinion

NUMBER 13-03-514-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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MARITZA QUINTANILLA, Appellant,

v.

ABEL QUINTANILLA, Appellee.

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On appeal from the 93rd District Court of Hidalgo County, Texas.

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MEMORANDUM OPINION

Before Justices Hinojosa, Yañez, and Garza

Opinion Per Curiam

Appellant, MARITZA QUINTANILLA, perfected an appeal from a judgment entered by the 93rd District Court of Hidalgo County, Texas, in cause number C-3614-99-B. The notice of appeal was filed on September 5, 2003. On September 12, 2003, appellant was advised that the notice of appeal did not comply with Tex. R. App. P. 25.1(e). To date, appellant has failed to file an amended notice of appeal. Pursuant to Tex. Gov't Code §51.207(b)(1) and § 51.941(a)(1), a filing fee in the amount of $125.00 is due upon the filing of an appeal. To date, appellant has failed to pay the filing fee.

On September 12, 2003 and on November 20, 2003, pursuant to Tex. R. App. P. 42.3(c), notice was given to appellant that this appeal was subject to dismissal for failure to comply with the rules. To date, appellant has failed to respond to this Court's notices. On February 25, 2004, appellee filed a motion to dismiss the appeal for lack of prosecution.

The Court, having considered the documents on file, appellant's failure to comply with the rules, and appellee's motion to dismiss the appeal, is of the opinion that the appeal should be dismissed. Appellee's motion to dismiss the appeal is GRANTED, and the appeal is hereby DISMISSED.

PER CURIAM

Opinion delivered and filed this

the 11th day of March, 2004.