David Gillespie and Michael O'Brien v. A.L. Hernden and Frederick R. Zlotucha ( 2015 )

Fourth Court of Appeals San Antonio, Texas July 28, 2015 No. 04-15-00405-CV David GILLESPIE and Michael O'Brien, Appellants v. A.L. HERNDEN and Frederick R. Zlotucha, Appellees From the 408th Judicial District Court, Bexar County, Texas Trial Court No. 2013-CI-10278 Honorable Cathleen M. Stryker, Judge Presiding ORDER To date, appellant David Gillespie has failed to pay the applicable filing fee in this appeal. Texas Rule of Appellate Procedure 5 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. We, therefore, ORDER appellant, within ten (10) days of the date of this order, to either (1) pay the applicable filing fee in this appeal or (2) provide written proof to this court that he is excused by statute or these rules from paying the filing fee. See TEX. R. APP. P. 20.1 (providing that party who qualifies as indigent under Rule 20 may proceed without advance payment of costs). If appellant fails to respond within the time provided, this appeal will be dismissed. See TEX. R. APP. P. 42.3(c). _________________________________ Karen Angelini, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 28th day of July, 2015. ___________________________________ Keith E. Hottle Clerk of Court