Mohammad A. Hashmi v. AXA Corporate Solutions Insurance

• Court: Court of Appeals of Texas
• Decided: May 11, 2006
• Docket: 14-05-01060-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed May 11, 2006

Dismissed and Memorandum Opinion filed May 11, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-01060-CV

MOHAMMAD A. HASHMI, Appellant

V.

AXA CORPORATE SOLUTIONS INSURANCE, ET AL., Appellees

On Appeal from the 280th District Court

Harris County, Texas

Trial Court Cause No. 04-12853

M E M O R A N D U M  O P I N I O N

This appeal is from a judgment signed July 6, 2005.  Appellant filed an unsworn declaration of inability to pay costs on appeal with his notice of appeal.  See Tex. R. App. P. 20.1.  The trial court sustained a contest to appellant=s claim of indigence, and appellant filed a request to have this court review the trial court=s denial of his indigent status.  Accordingly, we reviewed the record of the denial of appellants= indigent status.  See In re Arroyo, 988 S.W.2d 737, 738 (Tex. 1998).  By order filed April 6, 2006, this court found that the trial court did not abuse its discretion in denying appellants= request to proceed without the advance payment of costs.

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.  In addition, appellant have not 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).

On April 6, 2006, this court ordered appellant to pay the appellate filing fee and to provide the court with proof of payment for preparation of the clerk=s record.  After being given fifteen days= notice that this appeal was subject to dismissal, appellant did not respond.  Accordingly, the appeal is ordered dismissed.  See Tex. R. App. P. 37.3(b) (allowing dismissal for want of prosecution for failure to pay for preparation of the record);  Tex. R. App. P. 42.3(c) (allowing involuntary dismissal of case because appellant failed to comply with court order). 

PER CURIAM

Judgment rendered and Memorandum Opinion filed May 11, 2006.

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