Opinion
No. 04-14-00202-CV
05-07-2014
Larry DONAHO and LTD. Exploration, Inc., Appellants v. BOWDEN FORD LINCOLN MERCURY, INC., Ryan Construction Services, LLC, Annette Griggs, Individually and As Representative of the Estate of Donald Ray Griggs, Individually and d/b/a Ideal Constructions Services, and Berkley National Insurance Company, Appellees
MEMORANDUM OPINION
From the 79th Judicial District Court, Jim Wells County, Texas
Trial Court No. 13-01-51841
Honorable Richard C. Terrell, Judge Presiding
PER CURIAM Sitting:
Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
DISMISSED FOR WANT OF PROSECUTION
When appellants filed this appeal, they were required to pay a $195.00 filing fee. See TEXAS SUPREME COURT ORDER REGARDING FEES CHARGED IN CIVIL CASES IN THE SUPREME COURT, IN CIVIL CASES FILED IN THE COURTS OF APPEALS, AND BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION (Misc. Docket No. 13-9127, Aug. 16, 2013). Appellants did not pay the required filing fee. Accordingly, the clerk of this court notified appellants by letter dated March 26, 2014, that their notice of appeal was conditionally filed and the filing fee was due no later than April 7, 2014. On April 11, 2014, when the fee remained unpaid, this court ordered that appellants must, not later than April 21, 2014, either (1) pay the applicable filing fee, or (2) provide written proof to this court that they are 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 April 11, 2014 order. We therefore order this appeal dismissed for want of prosecution. We further order that appellants bear all costs of this appeal.