Andres Ramos, (APPELLANT/CROSS-APPELLEE) v. Lucy Amaya, (APPELLEE/CROSS-APPELLANT) ( 2008 )

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MEMORANDUM OPINION
No. 04-08-00471-CV
Andres RAMOS,
Appellant and Cross-Appellee
v.
Lucy AMAYA,
Appellee and Cross-Appellant
From the County Court, Maverick County, Texas
Trial Court No. 2654
Honorable Jose A. Aranda, Jr., Judge Presiding
PER CURIAM
Sitting: Alma L. López, Chief Justice
Catherine Stone, Justice
Steven C. Hilbig, Justice
Delivered and Filed: December 10, 2008
DISMISSED
Andres Ramos and Lucy Amaya each filed notices of appeal from the judgment of the County
Court of Maverick County. However, Amaya failed to pay the required filing fee. The clerk of this
court notified Amaya by letter that her notice of appeal was conditionally filed and the $175.00 filing
fee was due. See Garza v. Garcia, 137 S.W.3d 36, 37-38 (Tex. 2004).
Amaya did not pay the filing fee nor did she file her cross-appellant’s brief. On October 21,
2008, the court ordered that Amaya must, within ten days, (1) either pay the filing fee or provide
04-08-00471-CV
proof that she is indigent or otherwise excused by statute or the Texas Rules of Appellate Procedure
from paying the fee and (2) file her cross-appellant’s brief and a written explanation for her failure
to timely file a brief. We advised Amaya that if she failed to respond satisfactorily by the date
ordered, her appeal would be dismissed. See TEX . R. APP . P. 5, 38.8(a), 42.3. Amaya has not paid
the filing fee, filed a brief, or responded in any manner to the court’s October 21 order. We therefore
order Lucy Amaya’s cross-appeal dismissed.
Ramos has filed a conditional motion to dismiss his appeal, stating his desire to dismiss his
appeal if Amaya’s appeal were not pursued. Because we are dismissing Amaya’s appeal, we grant
the motion and dismiss the appeal. See TEX . R. APP . P. 42.1(a)(1).
PER CURIAM
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