Teah Lavizzo v. Tigoni Villas ( 2012 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-12-00740-CV
Teah Nicole LAVIZZO,
Appellant
v.
TIGONI VILLAS APARTMENTS LLC,
Appellee
From the County Court at Law No. 3, Bexar County, Texas
Trial Court No. 380,203
Honorable David J. Rodriguez, Judge Presiding
PER CURIAM
Sitting: Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Marialyn Barnard, Justice
Delivered and Filed: December 21, 2012
DISMISSED FOR WANT OF PROSECUTION
Appellant was required to pay $175.00 and $10.00 fees when she filed her notice of
appeal. See TEX. R. APP. P. 5. 1 Appellant did not pay the required fees. Accordingly, the clerk
of this court notified appellant by letter dated November 2, 2012, that the notice of appeal was
conditionally filed and the filing fees were due no later than November 12, 2012.
1
See also TEX. GOV’T CODE ANN. §§ 51.207(b)(1), 51.941(a) (West 2005); id. §§ 51.208, 51.0051 (West Supp.
2010); 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. 07–9138 (Tex. Aug. 28, 2007),
reprinted in TEX. R. APP. P. app. A § B.l.(a).
04-12-00740-CV
On November 27, 2012, when the fees remained unpaid, this court ordered appellant to
provide written proof to this court not later than December 12, 2012, that either (1) the $175.00
and $10.00 filing fees have been paid, or (2) appellant is entitled to appeal without paying the
filing fees. See id. We warned appellant that if she failed to respond as ordered, the appeal
would be dismissed. See id. R. 5, 42.3; In re W.J.C., No. 04-05-00532-CV, 2005 WL 3477883,
at *1 (Tex. App.—San Antonio Dec. 21, 2005, no pet.) (mem. op.).
To date, appellant has not filed any response with this court. Therefore, we dismiss this
appeal for want of prosecution. See id. R. 37.3(b), 42.3(c). Costs of this appeal are taxed against
appellant. See id. R. 43.4.
PER CURIAM
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