Atlas Towing and Storage v. Cheryl Vomero

Fourth Court of Appeals
San Antonio, Texas
January 24, 2017

No. 04-17-00010-CV

ATLAS TOWING AND STORAGE,
Appellant

v.

Cheryl VOMERO,
Appellee

From the County Court at Law No. 3, Bexar County, Texas
Trial Court No. 2015CV04077
Honorable David J. Rodriguez, Judge Presiding

ORDER
A filing fee of $205.00 was due from appellant when this appeal was filed but was not
paid. See TEX. R. APP. 5; 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. 15-9158, Aug. 28, 2015). The clerk of
this court notified appellant of this deficiency in a letter dated January 5, 2017. 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 appellant, not later than February 6, 2017 to either (1) pay the
applicable filing fee or (2) provide written proof to this court that it is excused by statute or the
Rules of Appellate Procedure from paying the fee. 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.
 _________________________________
Sandee Bryan Marion, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 24th day of January, 2017.

___________________________________
Keith E. Hottle
Clerk of Court