Carlos M. Reyes and Molly Reyes v. Bill W. Bell Sr. and Bill Bell Jr. ( 2015 )

Bill W. Bell Sr. and Bill Bell Fourth Court of Appeals San Antonio, Texas June 3, 2015 No. 04-15-00043-CV Carlos M. REYES and Molly Reyes, Appellants v. Bill W. BELL Sr. and Bill Bell Jr., Appellees From the 79th Judicial District Court, Jim Wells County, Texas Trial Court No. 10-09-49378-CV Honorable Richard C. Terrell, Judge Presiding ORDER A copy of appellants’ notice of appeal was filed in this court on January 30, 2015. On that date the clerk of the court notified the appellants in writing that our records do not reflect that the filing fee in the amount of $195.00 was paid and that the fee was required to be paid by February 9, 2015 or the appeal could be stricken by the court. To date, the fee has not been paid. Our record contains no evidence that appellants are excused by statute or rule from paying the filing fee. See TEX. R. APP. P. 5, 20.1. In addition, the clerk’s record was due to be filed on May 11, 2015, and has not been filed. The trial court clerk has indicated to the court that the fee for preparing the clerk’s record has not been paid by appellants and appellants are not entitled to a free clerk’s record. Accordingly, it is ORDERED that appellants show cause in writing within ten (10) days of the date of this order that either: (1) the $195.00 filing fee has been paid to this court and the fee for preparation of the clerk’s record has been paid to, or payment arrangements have been made with, the trial court clerk; or (2) appellants are entitled to appeal without paying the filing fee and the fee for the clerk’s record. See TEX. R. APP. P. 20.1, 35.3(a)(2). If appellants fail to respond within the time provided, this appeal will be dismissed for failure to pay the fees. See TEX. R. APP. P. 5, 42.3(b), (c). All other appellate deadlines are suspended pending the payment of the filing fee. _________________________________ Rebeca C. Martinez, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 3rd day of June, 2015. ___________________________________ Keith E. Hottle Clerk of Court