Opinion
No. 01-02-00937-CV.
Opinion issued April 17, 2003.
Appeal from the 315th District Court, Harris County, Texas, Trial Court Cause No. 2001 07686J.
Panel consists of Justices HEDGES, JENNINGS, and ALCALA.
MEMORANDUM OPINION
According to information provided by the district clerk, this is an appeal from a judgment signed on August 7, 2002. The notice of appeal was filed on August 21, 2002.
On October 15, 2002, the Court issued an order stating as follows:
This Court's records do not affirmatively show that appellant has paid the appellate filing fee of $125. See Tex.R.App.P. 5; Order Regarding Fees Charged in Civil Cases in the Supreme Court and the Courts of Appeals, Misc. Docket No. 98-9120 (Tex. July 21, 1998) Tex. Gov't Code Ann. 51.207(a) (Vernon Supp. 2000). Each party or parties filing a notice of appeal are required to pay the appellate filing fee. Unless within 15 days of the date of this Order appellant pays such filing fee to the Clerk of this Court, the appeal will be dismissed. See Finley v. J.C. Pace Ltd., 4 S.W.3d 319, 321-22 (Tex.App.-Houston [1st Dist.] 1999) (order); Negrini v. Smith, Nelson Clement P.C., 998 S.W.2d 362, 363 (Tex.App.-Houston [1st Dist.] 1999, no pet.).
On October 24, 2002, the Court notified the attorney who signed appellant's notice of appeal that, unless within 15 days of the date of the notice, appellant made arrangements to pay for the record and provided the Court with proof of payment, her appeal was subject to dismissal for want of prosecution.
To date, appellant has not paid the filing fee or shown the Court that she has paid for the record or made arrangements to do so.
Accordingly, appellants' appeal is dismissed for want of prosecution. See Tex.R.App.P. 37.3(b); 5; 42.3(b).