Opinion
No. 04-14-00497-CV
09-05-2014
David GOAD, Appellant v. THE COUNTY OF GUADALUPE, TEXAS, Appellee
From the 25th Judicial District Court, Guadalupe County, Texas
Trial Court No. 12-1923-CV
William Old, Judge Presiding
ORDER
A filing fee of $195.00 was due when this appeal was filed. See TEXAS SUPREME COURT ORDER REGARDING FEES CHARGED IN THE SUPREME COURT, IN CIVIL CASES IN THE COURTS OF APPEALS, AND BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION (Misc. Docket No. 13-9127, Aug. 16, 2013). The clerk of the court notified appellant of the total amount due in a letter dated July 16, 2014. On July 29, 2014, appellant paid $100.00 of the total amount due; however, the full amount of the fee remains unpaid despite our decision to allow appellant additional time to remit the remainder of the fee. Rule 5 of the Texas Rules of Appellate Procedure provides:
A party who is not excused by statute or these rules from paying costs must pay - at the time an item is presented for filing - whatever fees are required by statute or Supreme Court order. The appellate court may enforce this rule by any order that is just.TEX. R. APP. P. 5.
We therefore order appellant, not later than November 4, 2014 to either (1) pay the remaining $95.00 of the applicable filing fee, or (2) provide written proof to this court that he is indigent or otherwise excused by statute or the Texas Rules of Appellate Procedure from paying the fee. See TEX. R. APP. P. 20.1 (providing that indigent party who complies with provisions of that rule may proceed without advance payment of costs). If appellant fails to respond satisfactorily within the time ordered, this appeal will be dismissed. See TEX. R. APP. P. 42.3.
/s/_________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the self of the said court on this 5th day of September, 2014.
/s/_________
Keith E. Hottle
Clerk of Court