Opinion
No. 07-16-00443-CV
12-20-2016
STANLEY D. DAVIS, APPELLANT v. TYSON FRESH MEATS, INC., APPELLEE
On Appeal from the 320th District Court Potter County, Texas
Trial Court No. V-105430-00-D, Honorable Don R. Emerson, Presiding
MEMORANDUM OPINION
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
Appellant, Stanley D. Davis, proceeding pro se, filed a notice of appeal in the above referenced cause without paying the requisite filing fee. By letter dated December 5, 2016, this court notified Davis that unless he was excused from paying costs under Appellate Rule 20.1, failure to pay the filing fee by December 15 would result in dismissal of the appeal. TEX. R. APP. P. 42.3(c). On December 14, 2016, Davis filed a "Motion for Extension of Time to File Appellant/Appellee's Brief," seeking additional time to obtain representation of counsel for this appeal. However, to date, Davis has not paid the filing fee, communicated to the clerk of this court that he is presumed indigent under Rule 20.1, nor sought leave to proceed without the payment of costs. See TEX. R. APP. P. 20.1.
Because Davis failed to comply with a requirement of the appellate rules and a notice from the clerk requiring action within a specified time, we dismiss the appeal. TEX. R. APP. P. 42.3(c).
Per Curiam