James W. Myart, Jr. v. Deborah Murdock

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-15-00037-CV James W. MYART Jr., Appellant v. Deborah MURDOCK, Appellee From the County Court at Law No. 5, Bexar County, Texas Trial Court No. 2015CV00334 Honorable Jason W. Wolff, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Luz Elena D. Chapa, Justice Jason Pulliam, Justice Delivered and Filed: May 13, 2015 DISMISSED Appellant, James W. Myart Jr., filed a notice of appeal from the trial court’s judgment signed January 23, 2015, and filed an affidavit of indigence in this court. Appellee timely filed a contest to the affidavit and this court referred the matter to the trial court for hearing. On March 19, 2015, after a hearing, the trial court signed an order sustaining the contest. Myart did not file a motion challenging the trial court’s order. Accordingly, on April 15, 2015, we ordered Myart to pay the appellate filing fee and to file proof that he has paid the trial court clerk’s fee for preparing the record or has made arrangements to pay the fee. Our order required Myart to respond by April 04-15-00037-CV 30, 2015, and advised him the appeal would be dismissed if he failed to timely respond. See TEX. R. APP. P. 5, 37.3(b); 42.3. Myart has not filed a response, and neither the appellate filing fee nor the clerk’s record has been filed. We therefore dismiss this appeal. PER CURIAM -2-