Wendell H. Taylor v. Zurich American Insurance Company ( 2009 )

NO. 07-09-0324-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
DECEMBER 29, 2009
______________________________
WENDELL H. TAYLOR,
Appellant
V.
ZURICH AMERICAN INSURANCE COMPANY,
Appellee
_______________________________
FROM THE COUNTY COURT AT LAW NO. 3 OF LUBBOCK COUNTY;
NO. 2008-562,834; HON. PAULA DAVIS LANEHART, PRESIDING
_______________________________
Memorandum Opinion
_______________________________
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
Appellant Wendell H. Taylor filed a notice of appeal on October 2, 2009. However,
appellant did not pay the $175 filing fee required from appellants under Texas Rule of
Appellate Procedure 5. On October 13, 2009, appellant filed an affidavit of indigency,
which was contested by the county clerk on October 30, 2009. By hearing on November
30, 2009, the trial court determined that appellant was not indigent and able to pay the
costs associated with prosecuting this appeal. By letter from this Court dated December
14, 2009, we informed appellant that “the filing fee in the amount of $175.00 has not been
paid . . . . If the filing fee is not paid on or before December 28, 2009, the appeal will be
dismissed for want of prosecution.” TEX . R. APP. P. 42.3(c); see Holt v. F. F. Enterprises,
990 S.W.2d 756 (Tex. App.–Amarillo 1998, pet. ref’d). The deadline lapsed, and the fee
was not received.
Because appellant has failed to pay the requisite filing fee as directed by the court,
we dismiss the appeal pursuant to Texas Rule of Appellate Procedure 42.3(c).
Per Curiam
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