Meghan Babino v. James Bates

• Court: Court of Appeals of Texas
• Decided: August 21, 2008
• Docket: 14-08-00403-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed August 21, 2008

Dismissed and Memorandum Opinion filed August 21, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-00403-CV

MEGHAN BABINO, Appellant

V.

JAMES BATES, Appellee

On Appeal from the 309th District Court

Harris County, Texas

Trial Court Cause No. 2008-22174

M E M O R A N D U M   O P I N I O N

According to information provided to this Court, this appeal is from a judgment signed May 7, 2008.  No clerk=s record has been filed.  The clerk responsible for preparing the record in this appeal informed the Court appellant did not make arrangements to pay for the record.  On July 16, 2008, 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).  No response was filed.

In addition, our records show that appellant has not established indigence or 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).  On June 3, 2008, the Court notified appellants that the fee was past due and the appeal was subject to dismissal.  No response was filed. 

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed August 21, 2008.

Panel consists of Chief Justice Hedges and Justices Guzman and Brown.