Sharron Umoh v. Good Shepherd Medical Center Marshall

• Court: Court of Appeals of Texas
• Decided: April 10, 2018
• Docket: 06-18-00007-CV
• Status: Published

Opinion

In The Court of Appeals Sixth Appellate District of Texas at Texarkana

No. 06-18-00007-CV

SHARRON UMOH, Appellant

V.

GOOD SHEPHERD MEDICAL CENTER MARSHALL, Appellee

On Appeal from the County Court at Law Harrison County, Texas Trial Court No. 2016-10,155-CCL

Before Morriss, C.J., Moseley and Burgess, JJ. Memorandum Opinion by Justice Burgess MEMORANDUM OPINION Sharron Umoh, appellant, filed a notice of appeal in this matter on February 5, 2018. Both

the clerk’s and reporter’s records were due to be filed with this Court on or before February 21,

2018. Neither of the records has been filed, and there is no indication that Umoh has paid or made

arrangements for payment of the fees associated with their preparation. Further, Umoh has not

tendered the mandatory $205.00 filing fee associated with this appeal.

“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. Similarly,

unless otherwise excused, an appellant must either pay or make arrangements for the payment of

the fees related to preparation of the appellate record to ensure that the record is timely filed. TEX.

R. APP. P. 35.3(a)(2), (b)(3), 37.3(b).

By letter dated March 8, 2018, and pursuant to Rules 37.3(b) and 42.3(b) and (c) of the

Texas Rules of Appellate Procedure, our clerk’s office provided Umoh with notice of and an

opportunity to cure these defects. See TEX. R. APP. P. 37.3(b), 42.3(b), (c). The clerk’s letter

further warned Umoh that, if she did not submit an adequate response to our defect letter within

ten days of the date of the letter, her appeal would be subject to dismissal for want of prosecution.

We have received no communication from Umoh responsive to the March 8 correspondence from

our clerk’s office, and we have received neither the required filing fee nor the appellate record.

2 Pursuant to Rules 37.3(b) and 42.3 of the Texas Rules of Appellate Procedure, we dismiss

this appeal for want of prosecution.

Ralph K. Burgess Justice

Date Submitted: April 9, 2018 Date Decided: April 10, 2018