Watson v. Bank of America

Full title: MARK J. WATSON, Appellant v. BANK OF AMERICA, Appellees

Court: Court of Appeals of Texas, Fifth District, Dallas

Date published: Jul 16, 2003

No. 05-03-00398-CV (Tex. App. Jul. 16, 2003)

Opinion

No. 05-03-00398-CV.

Opinion Filed July 16, 2003.

Appeal from the County Court at Law No. 3, Dallas County, Texas, Trial Court Cause No. 02-14404-C

DISMISSED.

Before Justices BRIDGES, O'NEILL, and FITZGERALD.

MEMORANDUM OPINION

PER CURIAM.

The Court's records in this appeal reveal that appellant has not paid the required filing fee of $125. See Tex.R.App.P. 5. Appellant filed notice of appeal March 20, 2003. By notice dated March 20, 2003, appellant was informed that failure to remit the filing fee within ten days would result in the dismissal of his appeal, without further notice from the Court. On March 24, 2003, appellant filed an "Affidavit of Inability" with this Court and the trial court. By letter dated March 24, 2003, the Court informed appellant that the trial court determines whether an appellant may proceed as an indigent in an appeal and that ". . . the affidavit must be filed after judgment and with or before the notice of appeal is filed with the trial court." The March 24, 2003 letter instructed appellant that failure to file proof of the timely filing of an affidavit of indigence would result in appellant being held responsible for the fees and record costs of this appeal.

On April 10, 2003, the trial court's April 3, 2003 "Order Sustaining Contest" to appellant's affidavit of indigence was filed with this Court. By letter dated April 11, 2003, appellant was instructed to remit the $125 filing fee and advised him that failure to do so would result in the dismissal of his appeal without further notice from the Court. Instead of remitting the $125 filing fee, appellant filed a "Motion for Reconsideration" regarding his indigence with the trial court. On June 25, 2003, the Court received a copy of the trial court's June 25, 2003 "Order Denying Motion for Reconsideration." Such order states that the trial court denied appellant's motion for it to reconsider its "decision to sustain the Dallas County Clerk's Contest of Mr. Watson's Affidavit of Inability to Pay Costs for an appeal to the Court of Appeals." Appellant has failed to remit the $125 filing fee.

On the Court's own motion, this appeal is DISMISSED for want of prosecution. See Tex.R.App.P. 5, 42.3(b),(c).