Olmos Equipment, Inc. v. Tina M. Romane and Estate of Richard F. Romane

Court of Appeals of Texas

Olmos Equipment, Inc. v. Tina M. Romane and Estate of Richard F. Romane

DecidedJune 5, 2014

Docket04-14-00371-CV

StatusPublished

This text of Olmos Equipment, Inc. v. Tina M. Romane and Estate of Richard F. Romane (Olmos Equipment, Inc. v. Tina M. Romane and Estate of Richard F. Romane) 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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Olmos Equipment, Inc. v. Tina M. Romane and Estate of Richard F. Romane, (Tex. Ct. App. 2014).

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Opinion

Fourth Court of Appeals San Antonio, Texas June 5, 2014

No. 04-14-00371-CV

OLMOS EQUIPMENT, INC., Appellant

v.

Tina M. ROMANE and Estate of Richard F. Romane, Appellees

From the 224th Judicial District Court, Bexar County, Texas Trial Court No. 2011-CI-12364 Honorable Barbara Hanson Nellermoe, Judge Presiding

ORDER

A filing fee of $195.00 was due when this accelerated appeal was filed but it was not paid. See TEXAS SUPREME COURT ORDER REGARDING FEES CHARGED IN THE SUPREME COURT, IN CIVIL CASES IN THE COURTS OF APPEALS, AND BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION (Misc. Docket No. 13-9127, Aug. 16, 2013). The clerk of the court notified appellant of this deficiency in a letter dated May 23, 2014. The fee remains unpaid. Rule 5 of the Texas Rules of Appellate Procedure provides:

A party who is not excused by statute or these rules from paying costs must pay – at the time an item is presented for filing – whatever fees are required by statute or Supreme Court order. The appellate court may enforce this rule by any order that is just.

TEX. R. APP. P. 5.

We therefore order appellant, not later than June 10, 2014 to either (1) pay the applicable filing fee, or (2) provide written proof to this court that it is indigent or otherwise excused by statute or the Texas Rules of Appellate Procedure from paying the fee. See TEX. R. APP. P. 20.1 (providing that indigent party who complies with provisions of that rule may proceed without advance payment of costs). If appellant fails to respond satisfactorily within the time ordered, this appeal will be dismissed. See TEX. R. APP. P. 42.3. _________________________________ Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 5th day of June, 2014.

___________________________________ Keith E. Hottle Clerk of Court

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Fourth Court of Appeals San Antonio, Texas June 5, 2014

No. 04-14-00371-CV

OLMOS EQUIPMENT, INC., Appellant

v.

Tina M. ROMANE and Estate of Richard F. Romane, Appellees

From the 224th Judicial District Court, Bexar County, Texas Trial Court No. 2011-CI-12364 Honorable Barbara Hanson Nellermoe, Judge Presiding

ORDER

A filing fee of $195.00 was due when this accelerated appeal was filed but it was not paid. See TEXAS SUPREME COURT ORDER REGARDING FEES CHARGED IN THE SUPREME COURT, IN CIVIL CASES IN THE COURTS OF APPEALS, AND BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION (Misc. Docket No. 13-9127, Aug. 16, 2013). The clerk of the court notified appellant of this deficiency in a letter dated May 23, 2014. The fee remains unpaid. Rule 5 of the Texas Rules of Appellate Procedure provides:

A party who is not excused by statute or these rules from paying costs must pay – at the time an item is presented for filing – whatever fees are required by statute or Supreme Court order. The appellate court may enforce this rule by any order that is just.

TEX. R. APP. P. 5.

We therefore order appellant, not later than June 10, 2014 to either (1) pay the applicable filing fee, or (2) provide written proof to this court that it is indigent or otherwise excused by statute or the Texas Rules of Appellate Procedure from paying the fee. See TEX. R. APP. P. 20.1 (providing that indigent party who complies with provisions of that rule may proceed without advance payment of costs). If appellant fails to respond satisfactorily within the time ordered, this appeal will be dismissed. See TEX. R. APP. P. 42.3. _________________________________ Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 5th day of June, 2014.

___________________________________ Keith E. Hottle Clerk of Court

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