Lee Guss Brown, Jr. v. Richard Baham

Dismissed and Memorandum Opinion filed March 20, 2008

Dismissed and Memorandum Opinion filed March 20, 2008.

 

In The

 

Fourteenth Court of Appeals

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NO. 14-07-01093-CV

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LEE GUSS BROWN, JR., Appellant

 

V.

 

RICHARD BAHAM, Appellee

 

 

On Appeal from the County Civil Court at Law No. 1

Harris County, Texas

Trial Court Cause No. 904445

 

 

M E M O R A N D U M   O P I N I O N


According to information provided to this court, this is an appeal from an order of dismissal signed June 13, 2007.  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).

After being given the requisite ten-days= notice that this appeal was subject to dismissal, appellant has not paid the filing fee in accordance with our order of February 14, 2008.  See Tex. R. App. P. 42.3.

In addition, according to information provided to this court, the notice of appeal was filed on December 27, 2007.  No clerk=s record has been filed.  It appears that the notice of appeal may be untimely; however our jurisdiction over the appeal cannot be determined without a clerk=s record.  The clerk responsible for preparing the record in this appeal informed the court appellant did not make arrangements to pay for the record. 

On February 28, 2008, notification was transmitted to all parties of the court=s intention 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.

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)

 

PER CURIAM

 

 

Judgment rendered and Memorandum Opinion filed March 20, 2008.

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