NO. 07-08-0254-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL C
JULY 22, 2008
______________________________
EMILIO CHAVEZ, JR., APPELLANT
V.
JENNY GLOBAL, LTD ET AL., APPELLEE
_________________________________
FROM THE 72ND DISTRICT COURT OF LUBBOCK COUNTY;
NO. 2007-541,676; HONORABLE RUBEN REYES, JUDGE
_______________________________
Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.
MEMORANDUM OPINION
Appellant, Emilio Chavez, Jr., an inmate proceeding pro se, filed a notice of appeal
challenging the trial court’s order of dismissal for want of prosecution in his action against
Appellee, Jenny Global, Ltd, et al. By letter dated June 11, 2008, Chavez was notified that,
among other things, a filing fee of $175 had not been paid, noting that failure to do so
within ten days could result in dismissal pursuant to Rule 42.3(c). No fee having been
received within the deadline, by letter dated June 24, 2008, Chavez was again advised of
the outstanding filing fee and the consequences of failing to pay. He was also given the
opportunity to, in lieu of paying the filing fee, file an affidavit of indigence on or before July
15, 2008. See Tex. R. App. P. 44.3. See also Higgins v. Randall County Sheriff’s Office,
193 S.W.3d 898 (Tex. 2006) (holding that a court of appeals can dismiss an appeal for
noncompliance only after allowing a reasonable time to correct a defect). Despite two
notices and a reasonable time in which to comply with this Court’s request, Chavez has
failed to respond. Consequently, this Court is authorized to dismiss this appeal.
On July 16, 2008, the District Clerk of Lubbock County filed a request for an
extension of time in which to file the clerk’s record specifying that Chavez had not
submitted a written designation for the record nor had he made arrangements to pay. Our
disposition of this appeal renders the clerk’s request moot.
Accordingly, the appeal is dismissed.
Patrick A. Pirtle
Justice
2