Richard Wayne Demps v. Mark S. Snodgrass, P.C. ( 2011 )

NO. 07-11-00144-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL C
JUNE 3, 2011
______________________________
RICHARD WAYNE DEMPS, APPELLANT
V.
MARK S. SNODGRASS, P.C., APPELLEE
_________________________________
FROM THE 72ND DISTRICT COURT OF LUBBOCK COUNTY;
NO. 2010-552,407; HONORABLE RUBEN GONZALES REYES, JUDGE
_______________________________
Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.
MEMORANDUM OPINION
Appellant, Richard Wayne Demps, an inmate proceeding pro se and in forma
pauperis, filed this appeal from the trial court's summary judgment in favor of Appellee,
Mark S. Snodgrass, P.C. By letter dated April 12, 2011, this Court advised Demps that
a filing fee of $175 was overdue and also noted that failure to make payment within ten
days might result in dismissal of the appeal. Demps did not respond nor pay the filing
fee. In the interest of justice, by letter dated May 5, 2011, this Court gave Demps a
second opportunity to cure the defect by filing an affidavit of indigence in compliance
with Rule 20.1(c) of the Texas Rules of Appellate Procedure on or before May 25, 2011.
See Higgins v. Randall County Sheriff's Office, 193 S.W.3d 898, 899 (Tex. 2006). He
was again admonished that failure to comply might result in dismissal. Tex. R. App. P.
42.3(c). Demps did not respond to this second letter, pay the filing fee, nor file an
affidavit of indigence.
Accordingly, this appeal is dismissed for failure to comply with a directive from
this Court requiring action within a specified time.
Patrick A. Pirtle
Justice
2