Tracey Getty v. Houston Savings Bank FSB ( 2003 )

Opinion issued November 6, 2003

In The

Court of Appeals  

For The  

First District of Texas  

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NO. 01-02-00917-CV

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TRACEY GETTY, Appellant

V.

HOUSTON SAVINGS BANK FSB, Appellee

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On Appeal from the 151st District Court

Harris County, Texas

Trial Court Cause No. 2001-60583

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MEMORANDUM OPINION

          On March 27, 2003, we issued an order that stated in part:

On September 16, 2002, appellant’s counsel notified this Court that his client, Tracey Getty, was filing a Chapter 7 bankruptcy. The notice, however, does not comply with Tex. R. App. P. 8.1

Rulings of the Court

(1)Unless within 15 days of the date of this order appellant files a notice that complies with Tex. R. App. P. 8.1, the appeal will proceed.

Appellant did not file a notice complying with Tex. R. App. P. 8.1. Therefore, the appeal has proceeded.

          On October 17, 2002 we issued an order that stated as follows:

This Court's records do not affirmatively show that appellant has paid the appellate filing fee of $125. See Tex. R. App. P. 5; Order Regarding Fees Charged in Civil Cases in the Supreme Court and the Courts of Appeals, Misc. Docket No. 98-9120 (Tex. Jul. 21, 1998); Tex. Gov't Code Ann. § 51.207(a) (Vernon Supp. 2002). Unless within 15 days of the date of this order, appellant pays such filing fee to the Clerk of this Court, the appeal will be dismissed. See Finley v. J.C. Pace Ltd., 4 S.W.3d 319, 321-22 (Tex. App.– Houston [1st Dist.] 1999) (order); Negrini v. Smith, Nelson & Clement P.C., 998 S.W.2d 362, 363 (Tex. App.– Houston [1st Dist.] 1999, no pet.).

If appellant believes the appellate filing fee has been paid, appellant is directed to contact the Clerk of this Court immediately. If appellant believes appellant is entitled to proceed on appeal without advance payment of costs under Tex. R. App. P. 20.1, appellant is directed to immediately file with this Court a file-stamped copy of appellant's affidavit of indigency or a certified or sworn copy of the signed order overruling any contest to appellant's affidavit of indigency. See Tex. R. App. P. 20.1(a), (c)(1), (f), (I)(4).

          Appellant has not paid the $125 filing fee or demonstrated that he is legally permitted to proceed on appeal without payment of costs, and the time for doing so has expired. Accordingly, we dismiss appellant’s appeal for want of prosecution. See Tex. R. App. P. 42.3(b)(c).

PER CURIAM

Panel consists of Chief Justice Raddack and Justices Alcala and Higley.