Michael Blackmon and All Occupants v. Theodore Sawka

Court of Appeals of Texas

Michael Blackmon and All Occupants v. Theodore Sawka

DecidedMarch 30, 2004

Docket14-03-01288-CV

StatusPublished

This text of Michael Blackmon and All Occupants v. Theodore Sawka (Michael Blackmon and All Occupants v. Theodore Sawka) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Michael Blackmon and All Occupants v. Theodore Sawka, (Tex. Ct. App. 2004).

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Opinion

Dismissed and Memorandum Opinion filed March 30, 2004

Dismissed and Memorandum Opinion filed March 30, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-01288-CV

MICHAEL BLACKMON and All Occupants, Appellants

V.

THEODORE SAWKA, Appellee

On Appeal from the County Civil Court at Law No. 2

Harris County, Texas

Trial Court Cause No. 801,764

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 October 16, 2003. The notice of appeal was filed on November 10, 2003. The clerk responsible for preparing the record in this appeal informed the court appellant did not make arrangements to pay for the record. See Tex. R. App. P. 35.3(a). No reporter=s record has been filed.

On March 9, 2004, notification was transmitted to all parties of the court=s intent 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). To date, the clerk=s record has not been filed, and appellant has not provided this court with proof of payment for its preparation.

The filing fee of $125.00 was not paid in response to this court=s notice that payment was overdue. See Tex. R. App. P. 5. No proper affidavit of indigence was filed with or before the notice of appeal. See Tex. R. App. P. 20.1. Therefore, on March 11, 2004, the court issued an order stating that unless appellant paid the appellate filing fee of $125.00 within fifteen days of the date of the order, the appeal would be dismissed. To date, the filing fee has not been paid, and appellant has not responded to the court=s order of March 11, 2004.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed March 30, 2004.

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

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Dismissed and Memorandum Opinion filed March 30, 2004

Dismissed and Memorandum Opinion filed March 30, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-01288-CV

MICHAEL BLACKMON and All Occupants, Appellants

V.

THEODORE SAWKA, Appellee

On Appeal from the County Civil Court at Law No. 2

Harris County, Texas

Trial Court Cause No. 801,764

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 October 16, 2003. The notice of appeal was filed on November 10, 2003. The clerk responsible for preparing the record in this appeal informed the court appellant did not make arrangements to pay for the record. See Tex. R. App. P. 35.3(a). No reporter=s record has been filed.

On March 9, 2004, notification was transmitted to all parties of the court=s intent 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). To date, the clerk=s record has not been filed, and appellant has not provided this court with proof of payment for its preparation.

The filing fee of $125.00 was not paid in response to this court=s notice that payment was overdue. See Tex. R. App. P. 5. No proper affidavit of indigence was filed with or before the notice of appeal. See Tex. R. App. P. 20.1. Therefore, on March 11, 2004, the court issued an order stating that unless appellant paid the appellate filing fee of $125.00 within fifteen days of the date of the order, the appeal would be dismissed. To date, the filing fee has not been paid, and appellant has not responded to the court=s order of March 11, 2004.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed March 30, 2004.

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

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