Phyllis H. Womack v. Weiser Security Services, Inc. and International Specialty Products, Inc.

• Court: Court of Appeals of Texas
• Decided: February 26, 2004
• Docket: 14-03-01453-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed February 26, 2004

Dismissed and Memorandum Opinion filed February 26, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-01453-CV

PHYLLIS H. WOMACK, Appellant

V.

WEISER SECURITY SERVICES, INC. and

INTERNATIONAL SPECIALTY PRODUCTS, INC., Appellees

On Appeal from the 56th District Court

Galveston County, Texas

Trial Court Cause No. 01CV0111

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 September 16, 2003.  The notice of appeal was filed on December 15, 2003.  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 January 23, 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).  No proof of payment has been provided, and the clerk=s record has not been filed. 

In addition, the filing fee of $125.00 has not been paid.  No proper affidavit of indigence was filed with or before the notice of appeal.  See Tex. R. App. P. 20.1.  Therefore, on February 5, 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.  See Tex. R. App. P. 5.  No payment or other response has been made.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed February 26, 2004.

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