Raymond H. Coe v. John Rodriguez ( 2008 )

MEMORANDUM OPINION
No. 04-08-00584-CV
Raymond H. COE,
Appellant
v.
John RODRIGUEZ, et al.,
Appellees
From the 81st Judicial District Court, Karnes County, Texas
Trial Court No. 06-01-00003-CVK
Honorable Ron Carr, Judge Presiding
PER CURIAM
Sitting: Alma L. López, Chief Justice
Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Delivered and Filed: December 23, 2008
DISMISSED FOR WANT OF PROSECUTION
To date, appellant 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
payCat the time an item is presented for filingCwhatever 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.
04-08-00584-CV
On October 29, 2008, we ordered appellant to either (1) pay the applicable filing fee in
this appeal or (2) provide written proof to this court that appellant is excused by statute or these
rules from paying the filing fee on or before November 28, 2008. See TEX. R. APP. P. 20.1
(providing that party who qualifies as indigent under rule 20 may proceed without advance
payment of costs). We warned that if appellant failed to respond within the time provided, this
appeal would be dismissed. See TEX. R. APP. P. 42.3(c).
To date appellant has failed to pay the filing fee or provide written proof that he is
excused from paying the filing fee. We, therefore, dismiss this appeal. See id.
PER CURIAM
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