Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-15-00454-CV
Pete Escalante GUTIERREZ d/b/a Fast Cash Refund Express,
Appellant
v.
M2G Real Estate, Ltd. f/k/a B&M
M2G REAL ESTATE, LTD. f/k/a B&M Real Estate, Ltd.,
Appellee
From the 288th Judicial District Court, Bexar County, Texas
Trial Court No. 2013-CI-07756
Honorable Karen H. Pozza, Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: September 9, 2015
DISMISSED FOR WANT OF PROSECUTION
To date, appellant 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.
On August 14, 2015, we ordered appellant to either (1) pay the applicable filing fee in this
appeal or (2) provide written proof to this court that appellant is excused by statute or these rules
04-15-00454-CV
from paying the filing fee on or before August 31, 2015. See TEX. R. APP. P. 20.1 (providing that
party who qualifies as indigent under Rule 20 may proceed without advance payment of costs).
We warned that if appellant failed to respond within the time provided, this appeal would be
dismissed. See TEX. R. APP. P. 42.3(c).
Because appellant has failed to pay the filing fee or provide written proof that he is excused
from paying the filing fee, we dismiss this appeal. See id.
PER CURIAM
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