Kevin J. Cassidy v. John R. Reyes ( 2011 )

Dismissed and Memorandum Opinion filed June 9, 2011.

In The

Fourteenth Court of Appeals

____________

NO. 14-11-00181-CV

____________

KEVIN J. CASSIDY, Appellant

V.

JOHN R. REYES, Appellee

On Appeal from the 269th District Court

Harris County, Texas

Trial Court Cause No. 2010-47314

M E M O R A N D U M   O P I N I O N

According to information provided to this court, this appeal is from a judgment signed February 24, 2011.  Appellant filed a notice of appeal on February 25, 2011.  Our records show that appellant has neither established indigence nor paid the $175.00 appellate filing fee.  See Tex. R. App. P. 5 (requiring payment of fees in civil cases unless indigent); Tex. R. App. P. 20.1 (listing requirements for establishing indigence); see also 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 (Tex. Aug. 28, 2007) (listing fees in court of appeals); Tex. Gov’t Code ' 51.207 (same).

On April 21, 2011, this court ordered appellant to pay the appellate filing fee on or before May 6, 2011, or the appeal would be dismissed.  See Tex. R. App. P. 42.3(c) (allowing involuntary dismissal of a case because appellant has failed to comply with an order from the clerk requiring action within specified time).  Appellant requested an extension of time to pay the filing fee, and this court granted an extension until May 31, 2011.  The court noted that no further extensions would be granted.  Appellant has not paid the appellate filing fee.  

In addition, no clerk’s record has been filed.  The clerk responsible for preparing the record in this appeal informed the court appellant did not make arrangements to pay for the record.  On May 5, 2011, notification was transmitted to all parties of the court’s intention 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).  Appellant has not provided this court with proof of payment for the record.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Anderson, Brown, and Christopher.