Rose Air, LLC v. Brazoria Cnty. Appraisal Dist.

Full title: Rose Air, LLC v. Brazoria County Appraisal District and Cheryl Evans in…

Court: COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

Date published: Mar 25, 2014

Appellate case number: 01-13-01085-CV (Tex. App. Mar. 25, 2014)

Opinion

Appellate case number: 01-13-01085-CV Trial court case number: 71172

03-25-2014

Rose Air, LLC v. Brazoria County Appraisal District and Cheryl Evans in Her Capacity as Chief Appraiser

Justice Jim Sharp

ORDER

Trial court: 412th District Court of Brazoria County

Appellant, Rose Air, LLC, has filed a Motion for Extension of Time "for filing the clerk's record, payment of fees in connection with the clerk's record, and payment of the appellate filing fee." We grant the motion in part and dismiss the motion in part.

On January 16, 2014, the Clerk of this Court notified appellant that, unless it provided proof of having paid or made payment arrangements for preparation of the clerk's record, or an explanation of why appellant was exempt from payment by February 5, 2013, the Court might dismiss the appeal for want of prosecution. See TEX. R. APP. P. 37.3(b), 42.3. On January 21, 2014, the Clerk of this Court notified appellant that the records show that appellant had neither established indigence nor paid the $195.00 appellate filing fee and, unless appellant paid the required fee by February 20, 2014, the Court might dismiss the appeal. See TEX. R. APP. P. 5, 42.3. Appellant responded with its motion for extensions of time to pay this Court's filing fee and fee for preparation of the clerk's record.

We dismiss appellant's request for an extension of time to file the clerk's record. See TEX. R. APP. P. 35.3(c) (providing that appellate court may extend time to file clerk's record if trial court clerk requests). We grant appellant's request to extend the deadlines to respond to the January 14, 2014 notice regarding payment of fees for preparation of the clerk's record and to pay the appellate filing fee of $195.00. Accordingly, unless appellant (1) provides proof of having paid or made payment arrangements for preparation of the clerk's record, or an explanation of why appellant was exempt from payment, and (2) pays the filing fee of $195.00 within 30 days of the date of this order, the Court may dismiss the appeal. See TEX. R. APP. P. 37.3(b), 42.3.

It is so ORDERED. Judge's signature: Justice Jim Sharp

[v] Acting individually [ ] Acting for the Court