Rodney Fedell D/B/A R & R Foundation v. James Ware and Evelyn Ware ( 2005 )

Dismissed and Memorandum Opinion filed September 8, 2005

Dismissed and Memorandum Opinion filed September 8, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-05-00736-CV

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RODNEY FEDELL d/b/a R & R FOUNDATION, Appellant

V.

JAMES WARE and EVELYN WARE, Appellees

On Appeal from the County Civil Court at Law No. 3

Harris County, Texas

Trial Court Cause No. 822,098

M E M O R A N D U M  O P I N I O N

This is an appeal from a judgment signed May 9, 2005.  The notice of appeal was filed on July 13, 2005.  To date, our records show that appellant has neither established indigence nor paid the $125.00 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, Misc. Docket No. 98-9120 (Tex. Jul. 21, 1998) (listing fees in court of appeals); Tex. Gov=t Code Ann. ' 51.207 (Vernon Supp.2004-05) (same).

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 July 22, 2005, 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).

After being notified that this appeal was subject to dismissal, appellant did not respond.  Accordingly, the appeal is ordered dismissed.  See Tex. R. App. P. 42.3(c) (allowing involuntary dismissal of case because appellant has failed to comply with notice from clerk requiring response or other action within specified time)..

PER CURIAM

Judgment rendered and Memorandum Opinion filed September 8, 2005.

Panel consists of Chief Justice Hedges and Justices Yates and Anderson.