Carmelita Riley and Anthony Pena v. Lizette Torres, Paul Pueblitz, San Juanita Valdez, and Puig Management and Rentals, LLC

Fourth Court of Appeals San Antonio, Texas June 16, 2016 No. 04-16-00312-CV Carmelita RILEY and Anthony Pena, Appellants v. Lizette TORRES, Paul Pueblitz, San Juanita Valdez, and Puig Management and Rentals, LLC, Appellees From the 341st Judicial District Court, Webb County, Texas Trial Court No. 2012CVF001192 D3 Honorable Rebecca Ramirez Palomo, Judge Presiding ORDER A filing fee of $205.00 was due when Carmelita Riley and Anthony Pena filed their notice of appeal, but it was not paid. See TEXAS SUPREME COURT ORDER REGARDING FEES CHARGED IN THE SUPREME COURT, IN CIVIL CASES IN THE COURTS OF APPEALS, AND BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION (Misc. Docket No. 159158, Aug. 28, 2015). Appellants notified the clerk of this court the fee would be paid on June 1, 2016. The fee remains unpaid. Rule 5 of the Texas Rules of Appellate Procedure provides: A party who is not excused by statute or these rules from paying costs must pay— at the time an item is presented for filing—whatever fees are required by statute or Supreme Court order. The appellate court may enforce this rule by any order that is just. TEX. R. APP. P. 5. We therefore ORDER appellants must either (1) pay the filing fee or (2) provide written proof to this court that they are indigent or otherwise excused by statute or the Texas Rules of Appellate Procedure from paying the fee by June 27, 2016. See TEX. R. APP. P. 20.1 (providing that indigent party who complies with provisions of that rule may proceed without advance payment of costs). If appellant fails to respond satisfactorily within the time ordered, this appeal will be dismissed. See TEX. R. APP. P. 42.3. All other appellate deadlines are suspended pending the payment of the filing fee. _________________________________ Jason Pulliam, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 16th day of June, 2016. ___________________________________ Keith E. Hottle Clerk of Court