Mary Ann DeMars and Robert DeMars v. Chia-Su Chou, Teh-Weh Chou, Niey-Bor Hsyung, Law Offices of Hsyung & Associates, Charles Chou and Assist-2-Sell

• Court: Court of Appeals of Texas
• Decided: March 23, 2006
• Docket: 14-05-00916-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed March 23, 2006

Dismissed and Memorandum Opinion filed March 23, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-00916-CV

MARY ANN DEMARS AND ROBERT DEMARS, Appellants

V.

CHIA-SU CHOU, TEH-WEH CHOU, NIEY-BOR HSYUNG,

LAW OFFICES OF HSYUNG & ASSOCIATES, CHARLES CHOU,

AND ASSIST-2-SELL, Appellees

_________________________________________________________

On Appeal from the 280th District Court

Harris County, Texas

Trial Court Cause No.04-73200

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 6, 2005.  The notice of appeal was filed on August 9, 2005.^[1]  Our records show that to date appellants have 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).

Appellants were given the requisite ten-days= notice that this appeal was subject to dismissal, and appellants filed a response.  See Tex. R. App. P. 42.3.  Appellants claimed they had filed an affidavit of indigence.  Thus, this court issued an order, directing the District Clerk to file the portions of the clerk=s record necessary to review the affidavit of indigence, any contest to the affidavit, and any order signed by the trial court concerning indigence.  The clerk=s record was filed on November 16, 2005.  The clerk=s record contains no affidavit of indigence filed with or before the filing of the notice of appeal, as required by Rule 20.1(c)(1).  See Tex. R. App. P. 20.1(c)(1).  Thus, appellants have not established indigence.

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

Judgment rendered and Memorandum Opinion filed March 23, 2006.

Panel consists of Justices Anderson, Edelman, and Frost.

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^[1]  Appellants filed a motion to extend time to file the notice of appeal, which was granted on December 15, 2005.