Jeff Richardson v. Peggy Lee Miggins

Dismissed and Memorandum Opinion filed May 22, 2008

Dismissed and Memorandum Opinion filed May 22, 2008.

 

In The

 

Fourteenth Court of Appeals

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NO. 14-08-00205-CV

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JEFF RICHARDSON, Appellant

 

V.

 

PEGGY LEE MIGGINS, Appellee

 

 

On Appeal from the 189th District Court

Harris County, Texas

Trial Court Cause No. 06-65156

 

 

M E M O R A N D U M   O P I N I O N


This appeal is from a judgment signed December 18, 2007.  The notice of appeal was filed on March 17, 2008.  To date, our records show that appellant has neither established indigence nor paid the $175.00 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 and Before the Judicial Panel on Multidistrict Litigation, Misc. Docket No. 07-9138 (Tex. Aug. 28, 2007) (listing fees in court of appeals); Tex. Gov=t Code Ann. ' 51.207 (Vernon 2005) (same).

On April 8, 2008, the court notified appellant that this appeal was subject to dismissal unless the filing fee was paid within 10 days.  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).  Appellant filed no response.

No clerk=s record has been filed.  The clerk responsible for preparing the record in this appeal informed the court that appellant did not file an affidavit of indigence and he did not make arrangements to pay for the record.  On April 25, 2008, notification was transmitted to all parties of the 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).  Appellant filed no response.  The record has not been filed, and no proof of payment has been provided.

Accordingly, the appeal is ordered dismissed.

 

PER CURIAM

 

Judgment rendered and Memorandum Opinion filed May 22, 2008.

Panel consists of Chief Justice Hedges and Justices Fowler and Boyce.