HONDO ENCINITO APTS v. MEDINA CO APPRL

Full title: HONDO ENCINITO APARTMENTS, L.L.C. and Encinito Apartments, Ltd. as the…

Court: Court of Appeals of Texas, Fourth District, San Antonio

Date published: Jul 30, 2003

No. 04-03-00360-CV (Tex. App. Jul. 30, 2003)

Opinion

No. 04-03-00360-CV.

Delivered and Filed: July 30, 2003.

Appeal from the 38th Judicial District Court, Medina County, Texas, Trial Court No. 02-11-16247-CV, Honorable Mickey R. Pennington, Judge Presiding.

APPEAL DISMISSED FOR WANT OF PROSECUTION.

Sitting: Sarah B. DUNCAN, Justice, Karen ANGELINI, Justice, Sandee Bryan MARION, Justice.

MEMORANDUM OPINION

PER CURIAM.

The clerk's record was due June 6, 2003, but was not filed. Instead, the clerk filed a notification of late record stating the clerk's record was not filed because appellants have not paid or made arrangements to pay the clerk's fee to prepare the record, nor are they entitled to appeal without paying the fee. On July 3, 2003, we ordered appellants to provide written proof to this court on or before July 14, 2003, that either (1) the clerk's fee has been paid or arrangements had been made to pay the clerk's fee; or (2) they are entitled to appeal without paying the clerk's fee. We advised appellants that if they failed to respond within the time provided, this appeal would be dismissed for want of prosecution. See Tex.R.App.P. 37.3(b). Appellants have not filed a response.

Further, appellants have not paid the $125.00 fee for filing this appeal. See Tex. Gov't Code Ann. § 51.207(b)(1) and § 51.941(a)(1) (Vernon Supp. 2002); Tex.R.App.P. 5.; Texas Supreme Court Order Regarding Fees Charged In Civil Cases In the Supreme Court and the Courts of Appeals (July 21, 1998) § B.1.(a). Appellants were first notified of this deficiency by a letter dated May 12, 2003. On July 1, 2003, we ordered appellants to either (1) pay the applicable filing fee by July 11, 2003, or (2) provide written proof to this court, by the same date, that they are excused by statute or the Rules of Appellate Procedure from paying the fee. We advised appellants that failure to comply with our order would result in dismissal of the appeal. See Tex.R.App.P. 5, 42.3. Neither the fee nor a response to our order has been filed.

We therefore dismiss this appeal for want of prosecution. See Tex.R.App.P. 37.3(b); 42.3.