kyle-zahn-amy-zahn-individually-and-dba-fortress-homes-zahn ( 2006 )

NO. 07-06-0348-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL B

SEPTEMBER 18, 2006 ______________________________

KYLE ZAHN, AMY ZAHN, ZAHN ENTERPRISES, INC., RICK DENZER,

Appellants

v.

HENRY and ERIKA HOEVE,

Appellees

_________________________________

FROM THE 99^th DISTRICT COURT OF LUBBOCK COUNTY;

NO. 2004-527,811; HON. WILLIAM C. SOWDER, PRESIDING ________________________________

  MEMORANDUM OPINION   ___________________________________

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

Appellants Kyle Zahn, Amy Zahn, Zahn Enterprises, Inc., Rick Denzer filed a notice of appeal on August 24, 2006. However, they did not pay the $125 filing fee required from appellants under Texas Rule of Appellate Procedure 5. Nor did they file an affidavit of indigence per Texas Rule of Appellate Procedure 20.1. By letter from this Court dated August 31, 2006, we informed appellants that "the filing fee in the amount of $125.00 has not been paid" and that the "[f]ailure to pay the filing fee within ten (10) days from the date of this notice may result in a dismissal." Tex. R. App. P. 42.3(c); see Holt v. F. F. Enterprises, 990 S.W.2d 756 (Tex. App.-Amarillo 1998, pet. ref'd). The deadline lapsed, and the fee was not paid.

Because appellants failed to pay the requisite filing fee as directed by the court, we dismiss the appeal pursuant to Texas Rule of Appellate Procedure 42.3(c).

Per Curiam

te this appeal, to assure that the appeal will be diligently pursued. If the trial court determines that the present attorney for appellant should be replaced, the court should cause the clerk of this court to be furnished the name, address, and State Bar of Texas identification number of the newly-appointed or newly-retained attorney.

The trial court is directed to: (1) conduct any necessary hearings; (2) make and file appropriate findings of fact, conclusions of law and recommendations, and cause them to be included in a supplemental clerk's record; (3) cause the hearing proceedings to be transcribed and included in a supplemental reporter's record; (4) have a record of the proceedings made to the extent any of the proceedings are not included in the supplemental clerk's record or the supplemental reporter's record; and (5) cause the records of the proceedings to be sent to this court. Tex. R. App. P. 38.8(b)(3). In the absence of a request for extension of time from the trial court, the supplemental clerk's record, supplemental reporter's record, and any additional proceeding records, including any orders, findings, conclusions and recommendations, are to be sent so as to be received by the clerk of this court not later than April 22, 2004.

Per Curiam

Do not publish.