Opinion
No. 04-15-00744-CV
02-03-2016
Kendale LEE, Appellant v. TERRA VISTA CORP., Agent for Westwood Plaza Apartments, Appellee
MEMORANDUM OPINION
From the County Court at Law No. 3, Bexar County, Texas
Trial Court No. 2015CV06401
Honorable Walden Shelton, Judge Presiding PER CURIAM Sitting: Marialyn Barnard, Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice DISMISSED FOR WANT OF PROSECUTION
When appellant filed this appeal, she was required to pay a filing fee of $205.00. See TEX. GOV'T CODE ANN. §§ 51.207(b)(1), 51.941(a); see also id. §§ 51.208, 51.0051; 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. 14-9158, Aug. 28, 2015). Appellant did not pay the required filing fee when she filed the notice of appeal. The clerk of the court notified appellant of this deficiency in a letter dated November 24, 2015 and advised appellant the filing fee was due no later than December 4, 2015. On December 18, 2015, when the fee remained unpaid, we ordered appellant, not later than December 28, 2015, to either (1) pay the applicable filing fee, or (2) provide written proof to this court that she 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). The court advised appellant that if she failed to respond satisfactorily within the time ordered, the appeal will be dismissed. See TEX. R. APP. P. 42.3.
The filing fee has not been paid, and appellant has not otherwise responded to our December 18, 2015 order. We therefore order this appeal dismissed for want of prosecution. We further order that appellee recover her costs of this appeal, if any, from appellant.
PER CURIAM