the Victory Meals Progam, LLC v. Sandra Falconer

• Court: Court of Appeals of Texas
• Decided: May 17, 2011
• Docket: 14-11-00213-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed May 17, 2011.

In The

Fourteenth Court of Appeals

____________

NO. 14-11-00213-CV

THE VICTORY MEALS PROGRAM, L.L.C., Appellant

V.

SANDRA FALCONER, Appellee

On Appeal from the 11th District Court

Harris County, Texas

Trial Court Cause No. 2011-06908

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 March 15, 2011.  The notice of appeal in this case was filed March 7, 2011. The clerk’s record was filed April 5, 2011. To date, the filing fee of $175.00 has not been paid.  No evidence that appellant is excused by statute or the Texas Rules of Appellate Procedure from paying costs has been filed.  See Tex. R. App. P. 5.; 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 April 21, 2011, this court ordered appellant to pay the appellate filing fee on or before May 6, 2011, 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) (allowing 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 Frost, Jamison, and McCally.