Ronald Gutierrez Individually, R.G.&C. Automotive, Inc., and G&C Total Care, Inc. v. Joceline Nollkamper ( 2014 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00764-CV
Ronald GUTIERREZ Individually, R.G.&C. Automotive, Inc., and G&C Total Care, Inc.,
Appellants
v.
Joceline NOLLKAMPER,
Appellee
From the 57th Judicial District Court, Bexar County, Texas
Trial Court No. 2012-CI-13097
Honorable John D. Gabriel, Jr., Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Delivered and Filed: December 23, 2014
DISMISSED FOR LACK OF PROSECUTION
A filing fee of $195.00 was due from appellants when this appeal was filed but was not
paid. See TEX. GOV’T CODE ANN. § 51.941(a) (West 2013); id. §§ 51.0051, 51.207(b)(1), 51.208
(West 2013); TEXAS SUPREME COURT ORDER REGARDING FEES CHARGED IN CIVIL CASES IN THE
SUPREME COURT, IN CIVIL CASES IN THE COURTS OF APPEALS, AND BEFORE THE JUDICIAL PANEL
ON MULTIDISTRICT LITIGATION (Misc. Docket No. 13-9127, Aug. 16, 2013). The clerk of the court
notified appellants of this deficiency in a letter dated October 31, 2014, and stated the fee must be
04-14-00764-CV
remitted no later than November 14, 2014. The fee was not paid. Rule 5 of the Texas Rules of
Appellate Procedure 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.
Accordingly, on November 25, 2014, this court ordered appellants to either (1) pay the
applicable filing fee or (2) provide written proof to this court that they are excused by statute or
the Rules of Appellate Procedure from paying the fee. See TEX. R. APP. P. 20.1 (providing that
indigent party who complies with provisions of that rule may proceed without advance payment
of costs). Our order informed appellants that if they failed to provide such written proof within
the time ordered, this appeal would be dismissed. See TEX. R. APP. P. 42.3. Appellants have not
responded. Accordingly, this appeal is dismissed. Costs of appeal are assessed against appellants.
PER CURIAM
-2-