Fourth Court of Appeals
San Antonio, Texas
July 28, 2015
No. 04-15-00405-CV
David GILLESPIE and Michael O'Brien,
Appellants
v.
A.L. HERNDEN and Frederick R. Zlotucha,
Appellees
From the 408th Judicial District Court, Bexar County, Texas
Trial Court No. 2013-CI-10278
Honorable Cathleen M. Stryker, Judge Presiding
ORDER
To date, appellant David Gillespie has failed to pay the applicable filing fee in this
appeal. Texas Rule of Appellate Procedure 5 provides,
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.
TEX. R. APP. P. 5.
We, therefore, ORDER appellant, within ten (10) days of the date of this order, to either
(1) pay the applicable filing fee in this appeal or (2) provide written proof to this court that he is
excused by statute or these rules from paying the filing fee. See TEX. R. APP. P. 20.1 (providing
that party who qualifies as indigent under Rule 20 may proceed without advance payment of
costs). If appellant fails to respond within the time provided, this appeal will be dismissed. See
TEX. R. APP. P. 42.3(c).
_________________________________
Karen Angelini, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 28th day of July, 2015.
___________________________________
Keith E. Hottle
Clerk of Court