Cresenciano Sanchez v. Walter Mortgage Company LLC ( 2014 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-13-00879-CV
Cresenciano SANCHEZ,
Appellant
v.
WALTER MORTGAGE COMPANY LLC,
Appellee
From the 79th Judicial District Court, Jim Wells County, Texas
Trial Court No. 10-03-48901-CV
Honorable Richard C. Terrell, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: February 5. 2014
DISMISSED
Cresenciano Sanchez filed a notice of appeal from the trial court’s judgment signed
November 13, 2013. Sanchez was required to pay a $195.00 filing fee when he filed the appeal
on December 10, 2013. See TEX. R. APP. 5; TEX. GOV’T CODE ANN. §§ 51.0051, 51.207(b)(1),
51.208, 51.941(a) (West 2013); TEXAS SUPREME COURT ORDER REGARDING FEES CHARGED IN
CIVIL CASES IN THE SUPREME COURT AND THE COURTS OF APPEALS AND BEFORE THE JUDICIAL
PANEL ON MULTIDISTRICT LITIGATION (Misc. Docket No. 13-9127, Aug. 16, 2013). Sanchez did
not pay the filing fee. The clerk of this court notified Sanchez by letter dated December 13, 2013,
04-13-00879-CV
that his notice of appeal was conditionally filed and advised that the filing fee was due no later
than December 23, 2013. Sanchez did not pay the fee.
In addition, the trial court clerk filed a notification of late record, stating that the record,
which was due January 13, 2014, would not be timely filed because appellant had not paid or made
arrangements to pay the clerk’s fee to prepare the record, and appellant is not entitled to the record
without paying the fee.
On January 8, 2014, we ordered Sanchez must either (1) provide written proof to this court
that that he is indigent or otherwise excused by statute or the Texas Rules of Appellate Procedure
from prepaying fees and costs; 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); or (2) pay
the appellate filing fee to the clerk of this court and provide written proof that he has paid the trial
court clerk’s fee for preparing the clerk’s record or has made arrangements satisfactory to the clerk
to pay the fee. We ordered Sanchez must satisfactorily respond to our order no later than January
20, 2014, and advised him that if he failed to respond within the time provided, his appeal would
be dismissed. See TEX. R. APP. P. 37.3(b); 42.3(c). Sanchez has not paid the appellate filing fee
and has not filed a response to our order. We therefore dismiss this appeal for want of prosecution.
PER CURIAM
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