Guadalupe S. Baiza, Julian S. Baiza, Jr. and Marinella B. Vasquez v. Albina Baiza Vasquez ( 2006 )

Becker v. State

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

GUADALUPE S. BAIZA, JULIAN S. BAIZA, JR., and MARINELLA B. VASQUEZ,                             Appellants, v. ALBINA BAIZA VASQUEZ,                             Appellee.	§ § § § §  §	No. 08-06-00222-CV Appeal from 112th District Court of Pecos County, Texas (TC# P-10397-112-CV)

MEMORANDUM OPINION

            This appeal is before the Court on its own motion for determination whether the appeal should be dismissed for want of prosecution due to Appellants’ failure to pay the case filing fee. Finding that the Appellants have failed to pay the required fee, we dismiss the appeal.

            Appellants filed their notice of appeal on August 17, 2006. They did not pay the filing fee as required by Tex.R.App.P. 5, nor did they establish their indigence in accordance with Tex.R.App.P. 20.1. On September 15, 2006, the Clerk of the Court made a second request for payment of the $125 case filing fee. The letter informed Appellants that the fee had not been paid and that failure to pay the filing fee within ten days would result in dismissal of their appeal unless Appellants paid the filing fee. The letter requested that Appellants notify the Court within ten days if they were excused by statute or the appellate rules from paying costs. Because Appellants have not responded to the Clerk’s inquiry and have not paid the filing fee as directed, we dismiss the appeal pursuant to Tex.R.App.P. 42.3(c).

October 19, 2006                                                        

                                                                                    ANN CRAWFORD McCLURE, Justice

Before McClure, J., Chew, J., and Barajas, C.J. (Ret.)

Barajas, C.J. (Ret.), sitting by assignment