Dismissed and Memorandum Opinion filed June 22, 2006.
In The
Fourteenth Court of Appeals
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NO. 14-06-00316-CV
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JAMES L. WATTS; STAR DISPOSAL SYSTEMS, INC.;
LIBERTY WASTE SYSTEMS, INC.; BAY AREA WASTE SYSTEMS, INC.;
and EASTEX WASTE SYSTEMS, INC., Appellants
V.
WASTE MANAGEMENT OF TEXAS, INC., Appellee
On Appeal from the 333rd District Court
Harris County, Texas
Trial Court Cause No. 05-37043
M E M O R A N D U M O P I N I O N
This appeal is from a judgment signed March 3, 2006. The notice of appeal was filed on April 3, 2006. To date, our records show that appellants have neither established indigence nor paid the $125.00 appellate filing fee. See Tex. R. App. P. 5 (requiring payment of fees in civil cases unless indigent);Tex. R. App. P. 20.1 (listing requirements for establishing indigence); see also Order Regarding Fees Charged in Civil Cases in the Supreme Court and the Courts of Appeals, Misc. Docket No. 98-9120 (Tex. Jul. 21, 1998) (listing fees in court of appeals); Tex. Gov=t Code Ann. ' 51.207 (Vernon 2005) (same). After being given the requisite ten-days= notice that this appeal was subject to dismissal, appellants did not respond. See Tex. R. App. P. 42.3.
In addition, the clerk=s record in this appeal was due May 2, 2006, but has not been filed. The clerk responsible for preparing the record in this appeal informed the court appellants did not make arrangements to pay for the record. On May 15, 2006, notification was transmitted to all parties of this court=s intention to dismiss the appeal for want of prosecution unless, within fifteen days, appellant paid or made arrangements to pay for the record and provided this court with proof of payment. See Tex. R. App. P. 37.3(b). Appellants filed no response.
Accordingly, the appeal is ordered dismissed. See Tex. R. App. P. 42.3(c) (allowing involuntary dismissal of case because appellant has failed to comply with notice from clerk requiring response or other action within specified time); Tex. R. App. P. 37.3(b) (permitting dismissal for want of prosecution when clerk=s record is not filed because of non-payment).
PER CURIAM
Judgment rendered and Memorandum Opinion filed June 22, 2006.
Panel consists of Chief Justice Hedges and Justices Yates and Guzman.