Vicente S. Gonzalez v. Mario A. Gutierrez

Becker v. State

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS



VICENTE S. GONZALEZ,

Appellant,



v.



MARCO A. GUTIERREZ,



Appellee.

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No. 08-08-00038-CV

Appeal from the



County Court at Law No. 4

of Dallas County, Texas



(TC# 07-14481-D)

MEMORANDUM OPINION



This appeal is before the Court on its own motion for determination whether the appeal should be dismissed for want of prosecution due to Appellant's failure to pay the case filing fee. Finding that the Appellant has failed to pay the required fee, we dismiss the appeal.

Appellant filed his notice of appeal on December 6, 2007. He did not pay the filing fee as required by Tex.R.App.P. 5, nor did he establish his indigence in accordance with Tex.R.App.P. 20.1. On January 14, 2008, the Clerk of the Court made a second request for payment of the $175 case filing fee. The letter informed Appellant that the fee had not been paid and that failure to pay the filing fee within twenty days would result in dismissal of the appeal. Appellant has not paid the filing fee as directed by the Court. Accordingly, we dismiss the appeal pursuant to Tex.R.App.P. 42.3(c).



March 27, 2008

ANN CRAWFORD McCLURE, Justice



Before Chew, C.J., McClure, and Carr, JJ.