M. \"Marc\" Gonzalez and Elvira G. Castano v. Foremost County Mutual Insurance Company ( 2007 )

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

M. "MARC" GONZALEZ AND ELVIRA G. CASTAÑO, Appellants, v. FOREMOST COUNTY MUTUAL INSURANCE COMPANY, Appellee.

§ § § § § §

No. 08-07-00109-CV Appeal from the 63rd District Court of Val Verde County, Texas (TC# 22110)

MEMORANDUM OPINION

This appeal is before the Court on its own motion for determination whether the appeal should be dismissed for want of prosecution due to Appellants' failure to pay the case filing fee. Finding that the Appellants have failed to pay the required fee, we dismiss the appeal.

Appellants filed their notice of appeal on March 21, 2007. They did not pay the filing fee as required by Tex. R. App. P. 5, nor did they establish their indigence in accordance with Tex. R. App. P. 20.1. By letters dated April 16, 2007, and May 11, 2007, the Clerk of this Court notified Appellants that the filing fee had not been paid and that failure to pay the filing fee within twenty days would result in dismissal of the cause pursuant to Tex. R. App. P. 42.3(b), (c), for want of prosecution or for failure to comply with the Rules of Appellate Procedure or with a clerk's notice requiring response or other action within a specified time. Because Appellants have not responded

to the Clerk's inquiry and have not paid the filing fee as directed, we dismiss the appeal pursuant to Tex. R. App. P. 42.3(b), (c).

KENNETH R. CARR, Justice

July 5, 2007

Before Chew, C.J., McClure, and Carr, JJ.