Emilio H. Chavez v. Texas Tech Healthcare System/Dr. Ben Luong ( 2008 )

Opinion filed June 12, 2008

Opinion filed June 12, 2008

In The

    Eleventh Court of Appeals

__________

No. 11-08-00107-CV

__________

 EMILIO H. CHAVEZ, Appellant

V.

 TEXAS TECH HEALTHCARE SYSTEM/DR. BEN LUONG, Appellees

On Appeal from the 106th District Court

Dawson County, Texas

Trial Court Cause No. 07-11-17801

M E M O R A N D U M    O P I N I O N

The trial court signed its judgment on February 1, 2008.  Appellant filed a pro se notice of appeal but did not file a motion for new trial.  We dismiss the appeal.

The appellate record was originally due to be filed in this court on April 1, 2008.  When the record was not timely filed, this court extended the due date to May 23, 2008.  Tex. R. App. P. 37.3(a)(1).  The clerk of the trial court has notified this court in writing that appellant has failed to make arrangements to pay for the clerk=s record and has failed to file a designation of record.  On May 5, 2008, the clerk of this court wrote the parties and informed them that, unless appellant forwarded proof of payment and designation of the record to this court on or before May 20, 2008, the appeal would be subject to dismissal.  There has been no response to our May 20 letter.

Appellant did not file an affidavit of inability to pay in compliance with Tex. R. App. P. 20.1.  Therefore, the failure to file the clerk=s record appears to be due to appellant=s actions.  The appeal is dismissed.  Tex. R. App. P. 37.3(c).

PER CURIAM

June 12, 2008

Panel consists of:  Wright, C.J.,

McCall, J., and Strange, J.