Opinion
No. 08-18-00021-CV
04-16-2018
IN THE MATTER OF THE ESTATE OF ELISEO GUTIERREZ, Deceased.
Appeal from the Probate Court No. 1 of El Paso County, Texas (TC# 2016-CPR01036A) MEMORANDUM OPINION
This appeal is before the Court on its own motion to determine whether it should be dismissed for want of prosecution. Finding that Appellant, Ernesto Gutierrez, has failed to pay the case filing fee, we dismiss the appeal for want of prosecution.
Appellant did not pay the case filing fee of $205 when he filed his notice of appeal, and the notice of appeal does not indicate that Appellant is presumed indigent. TEX.R.APP.P. 25.1(d)(8)(requiring notice of appeal to state, if applicable, that the appellant is presumed indigent and may proceed without paying costs under Rule 20.1). Further, we have reviewed the clerk's record and it does not reflect that Appellant filed a Statement of Inability to Afford Payment of Court Costs. See TEX.R.CIV.P. 145(a). On March 12, 2018, the Clerk of the Court sent Appellant a second request for payment of the case filing fee of $205. The letter advised Appellant that failure to pay the case filing fee within twenty days could result in dismissal of the appeal for want of prosecution pursuant to TEX.R.APP.P. 42.3(b) and (c). Appellant did not pay the case filing fee or otherwise respond to our notices. Accordingly, we dismiss the appeal for want of prosecution. See TEX.R.APP.P. 42.3(b), (c).
YVONNE T. RODRIGUEZ, Justice April 16, 2018 Before McClure, C.J., Rodriguez, and Palafox, JJ.