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MEMORANDUM OPINION
No. 04-09-00686-CV
Adalberto LUNA Sr,
Appellant
v.
Esther P. GALLARDO,
Appellee
From the 341st Judicial District Court, Webb County, Texas
Trial Court No. 2007-CVQ-000782-D3
Honorable Elma T. Salinas Ender, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Marialyn Barnard, Justice
Delivered and Filed: January 27, 2010
DISMISSED
When appellant Adalberto Luna Sr. filed this appeal, he was required to pay a $175.00 filing
fee. See TEX . GOV ’T CODE ANN . §§ 51.207(b)(1), 51.941(a) (Vernon 2005); id. §§ 51.208, 51.0051
(Vernon Supp. 2009); TEXAS SUPREME COURT 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, Aug. 28, 2007) § B.1.(a). Appellant did
04-09-00686-CV
not pay the required filing fee. Accordingly, the clerk of this court notified appellant by letter on
October 23, 2009, that his notice of appeal was conditionally filed and the filing fee was due no later
than November 16, 2009. On December 15, 2009, when the fee remained unpaid, this court ordered
that appellant must, not later than December 28, 2009, either (1) pay the applicable filing fee or
(2) provide written proof to this court that he/she is indigent or otherwise excused by statute or the
Texas Rules of Appellate Procedure from paying the fee. See TEX . R. APP . P. 5 (“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.”). The court advised appellant that if he failed to respond
satisfactorily within the time ordered, the appeal would be dismissed. See TEX . R. APP . P. 42.3.
The filing fee has not been paid, and appellant has not otherwise responded to our December
14, 2009 order. We therefore order this appeal dismissed for want of prosecution. We further
order appellant to bear all costs of this appeal.
PER CURIAM
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