Elizabeth Gupta v. Midland Funding LLC ( 2013 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-13-00227-CV
Elizabeth GUPTA,
Appellant
v.
MIDLAND FUNDING LLC,
Appellee
From the 341st Judicial District Court, Webb County, Texas
Trial Court No. 2012CVF000115 D3
Honorable Rebecca Ramirez Palomo, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Delivered and Filed: June 19, 2013
DISMISSED
A filing fee of $175.00 was due from appellant Elizabeth Gupta when this appeal was filed
but was not paid. See TEX. GOV’T CODE ANN. §§ 51.207(b)(1), 51.941(a)(1) (Vernon 2005); Texas
Supreme Court Order Regarding Fees Charged In Civil Cases In the Supreme Court and the Courts
of Appeals (July 21, 1998) § B.1.(a). Rule 5 of the Texas Rules of Appellate Procedure provides:
A party who is not excused by statute or these rules from paying costs must pay –
at the time an item is presented for filing – whatever fees are required by statute or
Supreme Court order. The appellate court may enforce this rule by any order that
is just.
TEX. R. APP. P. 5.
04-13-00227-CV
Accordingly, on May 14, 2013, this court ordered appellant to either (1) pay the applicable
filing fee or (2) provide written proof to this court that she is excused by statute or the Rules of
Appellate Procedure from paying the fee. See TEX. R. APP. P. 20.1 (providing that indigent party
who complies with provisions of that rule may proceed without advance payment of costs). Our
order informed appellant that if she failed to provide such written proof within the time ordered,
this appeal would be dismissed. See TEX. R. APP. P. 42.3. Appellant has not responded.
Accordingly, this appeal is dismissed.
PER CURIAM
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