Matthew Bauman v. Aldridge Electric, Inc. ( 2015 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
________________________
No. 07-15-00415-CV
________________________
MATTHEW BAUMAN, APPELLANT
V.
ALDRIDGE ELECTRIC, INC., APPELLEE
On Appeal from the 223rd District Court
Gray County, Texas
Trial Court No. 37,512; Honorable Phil N. Vanderpool, Presiding
December 7, 2015
MEMORANDUM OPINION
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
Appellant, Matthew Bauman, gave notice of appeal from the trial court’s
summary judgment in favor of Appellee, Aldridge Electric, Inc. By letter dated
November 4, 2015, the clerk of this court advised Bauman that a filing fee of $205 was
overdue and notified him that failure to submit payment within ten days would subject
the appeal to dismissal pursuant to Rule 42.3(c) of the Texas Rules of Appellate
Procedure.
Bauman has not responded, paid the filing fee, nor made other arrangements for
the discharge of the filing fee. See TEX. R. APP. P. 12.1(b). Unless a party is excused
from paying a filing fee, the clerk of this court is required to collect filing fees set by
statute or the Texas Supreme Court when an item is presented for filing. See id. at 5,
12.1(b). Although the filing of a proper notice of appeal invokes an appellate court’s
jurisdiction, if a party fails to follow the prescribed rules of appellate procedure, the
appeal may be dismissed. Id. at 25.1(b).
Accordingly, having provided Bauman a reasonable opportunity to cure this
defect, this appeal is dismissed for failure to comply with a requirement of the appellate
rules and failure to comply with a notice from the clerk requiring action within a specified
time. TEX. R. APP. P. 42.3(c).
Per Curiam
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