Janeth R. Jackson and A.R. Brake-Wrecker Service, Inc. v. Carmen Olivera

Dismissed and Memorandum Opinion filed March 6, 2008

Dismissed and Memorandum Opinion filed March 6, 2008.

 

 

In The

 

Fourteenth Court of Appeals

____________

 

NO. 14-07-00893-CV

____________

 

JANETH R. JACKSON and A.R. BRAKE-WRECKER SERVICE, INC., Appellants

 

V.

 

CARMEN OLIVERA, Appellee

 

 

On Appeal from the County Civil Court at Law No. 4

Harris County, Texas

Trial Court Cause No. 873457

 

 

M E M O R A N D U M   O P I N I O N

This appeal is from a judgment signed July 19, 2007.  No clerk=s record has been filed and the filing fee has not been paid.  The clerk responsible for preparing the record in this appeal informed the court appellant did not make arrangements to pay for the record. 


On November 30, 2007, notification was transmitted to all parties of the Court's intent 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).  On November 13, 2007, the court notified appellant that the filing fee of $175 was past due.

On November 27, 2007, appellant filed a motion requesting an extension of time to pay for the clerk=s record and to pay the filing fee.  We granted the motion on December 13, 2007, setting a new deadline of January 14, 2008, for the payment of the filing fee and for the clerk=s record.  Appellant filed no response and did not pay the filing fee.  On February 7, 2008, the court issued an order, directing appellant to provide proof of payment for the clerk=s record and to pay the filing fee by February 22, 2008, or the appeal would be dismissed.  Appellant has not paid the filing fee and has not provided this court with proof of payment for the record.

Accordingly, the appeal is ordered dismissed.  See Tex. R. App. P. 42.3(b)(c) (allowing involuntary dismissal of case for want of prosecution in accordance with Tex. R. App. P. 37.3(b) for failure to file a clerk=s record; allowing involuntary dismissal 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 6, 2008.

Panel consists of Justices Yates, Guzman, and Brown.