Harald Hublik v. Longwood Estates Community Improvement Association

In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-16-00257-CV ____________________ HARALD HUBLIK, Appellant V. LONGWOOD ESTATES COMMUNITY IMPROVEMENT ASSOCIATION, Appellee _______________________________________________________ ______________ On Appeal from the 284th District Court Montgomery County, Texas Trial Cause No. 14-06-06587-CV ________________________________________________________ _____________ MEMORANDUM OPINION Harald Hublik filed a notice of appeal on July 15, 2016, concerning a final judgment signed on June 14, 2016. We sent the appellant a fee bill and notified him that he needed to explain why the notice of appeal was filed late. See Tex. R. App. P. 26.3. The appellant neither established indigence nor paid the filing fee for the appeal. See Tex. R. App. P. 5, 20.1. Additionally, Hublik did not make arrangements to pay the trial court clerk’s fee for preparing the record. See Tex. R. 1 App. P. 37.3(b). On August 12, 2016, we provided an additional ten days to pay the filing fee or file a motion for extension of time and an affidavit of indigence. See Tex. R. App. P. 20.1(c). The appellant did not file a response within the specified time. See Tex. R. App. P. 42.3(c). Despite having been given written notice and an opportunity to cure, Hublik neither paid the filing fee nor established that he is entitled to proceed without payment of costs. See Tex. R. App. P. 20.1. We dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3. APPEAL DISMISSED. ________________________________ STEVE McKEITHEN Chief Justice Submitted on August 31, 2016 Opinion Delivered September 1, 2016 Before McKeithen, C.J., Kreger and Horton, JJ. 2