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HUNTER v. 50 BY 50 REO, LLC

Court of Appeals of Texas, Fourth District, San Antonio
Mar 11, 2009
No. 04-09-00011-CV (Tex. App. Mar. 11, 2009)

Opinion

No. 04-09-00011-CV

Delivered and Filed: March 11, 2009.

Appealed from the County Court at Law No. 3, Bexar County, Texas, Trial Court No. 341500, Honorable David J. Rodriguez, Judge Presiding.

DISMISSED.

Sitting: CATHERINE STONE, Chief Justice, STEVEN C. HILBIG, Justice, MARIALYN BARNARD, Justice.


MEMORANDUM OPINION


When appellants filed this appeal they were required to pay a $175.00 filing fee. See Tex. Gov't Code Ann. §§ 51.207(b)(1), 51.941(a) (Vernon 2005); id. §§ 51.208, 51.0051 (Vernon Supp. 2008); Texas Supreme Court 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, Aug. 28, 2007) § B.1.(a). Appellants did not pay the required filing fee; accordingly, the clerk of this court notified appellants by letter dated January 7, 2009, that their notice of appeal was conditionally filed and the filing fee was due no later than January 20, 2009. On February 10, 2009, when the fee remained unpaid, this court ordered that appellants must, not later than February 20, 2009, either (1) pay the applicable filing fee or (2) provide written proof to this court that he/she is indigent or otherwise excused by statute or the Texas Rules of Appellate Procedure from paying the fee. See Tex. R. App. P. 5 ("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."). The court advised appellants that if they failed to respond satisfactorily within the time ordered, the appeal would be dismissed. See Tex. R. App. P. 42.3.

The filing fee has not been paid; and appellants have not otherwise responded to our February 10, 2009 order. We therefore order this appeal dismissed for want of prosecution. We further order appellants to bear all costs of this appeal.


Summaries of

HUNTER v. 50 BY 50 REO, LLC

Court of Appeals of Texas, Fourth District, San Antonio
Mar 11, 2009
No. 04-09-00011-CV (Tex. App. Mar. 11, 2009)
Case details for

HUNTER v. 50 BY 50 REO, LLC

Case Details

Full title:Victor HUNTER and Carolyn Hunter, Appellants v. 50 BY 50 REO, LLC, Appellee

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

Date published: Mar 11, 2009

Citations

No. 04-09-00011-CV (Tex. App. Mar. 11, 2009)