Opinion
No. 14-08-00423-CV
May 19, 2008.
Opinion filed August 7, 2008.
On Appeal from the 165th District Court Harris County, Texas, Trial Court Cause No. 2006-68990.
Panel consists of Justices FROST, SEYMORE, and GUZMAN.
MEMORANDUM OPINION
This is an appeal from a judgment signed February 26, 2008. The notice of appeal was filed on May 16, 2008. To date, our records show that neither appellant has paid the $175.00 appellate filing fee. See TEX. R. APP. P. 5 ( requiring payment of fees in civil cases unless indigent). Appellant Craig Mundt has not established indigence. Id. TEX. R. APP. P. 20.1 ( listing requirements for establishing indigence); 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).
This Court gave appellants the requisite ten-days' notice that this appeal was subject to dismissal, but appellants have not paid the filing fee in accordance with our order of June 26, 2008. See TEX. R. APP. P. 42.3. 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).
JUDGMENT
Today the Court heard its own motion to dismiss the appeal from the judgment signed by the court below on February 26, 2008. Having considered the motion and found it meritorious, we order the appeal DISMISSED.
We further order that all costs incurred by reason of the appeal be paid by AUSTIN KAN DOO PLUMBING, INC. AND CRAIG MUNDT.
We further order this decision certified below for observance.
MANDATE
Before our Court of Appeals, on the 7th day of August A.D. 2008, the cause upon appeal to revise or reverse your judgment was determined. Our Court of Appeals made its order in these words:
Today the Court heard its own motion to dismiss the appeal from the judgment signed by the court below on February 26, 2008. Having considered the motion and found it meritorious, we order the appeal DISMISSED.
We further order that all costs incurred by reason of the appeal be paid by AUSTIN KAN DOO PLUMBING, INC. AND CRAIG MUNDT.
We further order this decision certified below for observance.WHEREFORE, WE COMMAND YOU to observe the order of our said Court in this behalf and in all things have it duly recognized, obeyed, and executed.
WITNESS, the Hon. Adele Hedges, Chief Justice of our Fourteenth Court of Appeals, with the Seal thereof affixed, at the City of Houston ___.