Patricia Potts v. Jimmy Wayne Newcomb

• Court: Court of Appeals of Texas
• Decided: January 14, 2010
• Docket: 14-09-00875-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed January 14, 2010.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00875-CV

PATRICIA POTTS, Appellant

V.

JIMMY WAYNE NEWCOMB, ET. AL., Appellees

On Appeal from the County Civil Court at Law No. 1

Harris County, Texas

Trial Court Cause No. 942,996

MEMORANDUM OPINION

This is an appeal from a judgment signed August 28, 2009.  The notice of appeal was filed on October 13, 2009.  To date, our records show that appellant has neither established indigence nor 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 December 10, 2009, this court ordered appellant to pay the appellate filing fee on or before December 21, 2009, or the appeal would be dismissed.  Appellant has not paid the appellate filing fee.  Accordingly, the appeal is ordered dismissed. See Tex. R. App. P. 42.3(c) (permitting involuntary dismissal of case because appellant has failed to comply with notice from clerk requiring response or other action within specified time). 

PER CURIAM

Panel consists of Justices Yates, Seymore, and Brown.