Sheryl Grant and Harvey (Javiel) De La Cruz v. George W. Ince D/B/A Done Rite Farms ( 2006 )

NUMBER 13-06-534-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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SHERYL GRANT AND HARVEY

(JAVIEL) DEL LA CRUZ, Appellants,

v.

GEORGE W. INCE D/B/A DONE RITE FARMS, Appellee.

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On appeal from County Court at Law No. 2 of Nueces County, Texas.

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MEMORANDUM OPINION Before Chief Justice Valdez and Justices Yañez and Garza

Memorandum Opinion Per Curiam

Appellants, SHERYL GRANT AND HARVEY (JAVIEL) DE LA CRUZ, perfected an appeal from a judgment entered by County Court at Law No. 2 of Nueces County, Texas, in cause number 06-60582-2. The notice of appeal and clerk's record were received on September 27, 2006. Pursuant to Tex. Gov't Code §51.207(b)(1) and § 51.941(a)(1), a filing fee in the amount of $125.00 is due upon the filing of an appeal. To date, appellants have failed to pay the filing fee. Appellee has filed a motion to dismiss the appeal for appellants' failure to prosecute the appeal and for failure to timely file the docketing statement, reporter's record and pay the filing fee.

On November 28, 2006, pursuant to Tex. R. App. P. 42.3(c), notice was given to appellants that they were delinquent in remitting this filing fee and that, unless the filing fee was paid within ten days from the date of receipt of this Court's notice, this appeal would be dismissed. To date, appellants have failed to respond to this Court's notice.

The Court, having considered the documents on file, appellants' failure to comply with the rules, and appellee's motion to dismiss the appeal, is of the opinion that the appeal should be dismissed. Appellee's motion to dismiss the appeal is GRANTED, and the appeal is hereby DISMISSED.

PER CURIAM

Memorandum Opinion delivered and filed

this the 21st day of December, 2006.