Shenandoah Church of Christ v. Gabriel Rodriguez ( 2020 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-20-00488-CV
SHENANDOAH CHURCH OF CHRIST,
Appellant
v.
Gabriel RODRIGUEZ,
Appellee
From the 225th Judicial District Court, Bexar County, Texas
Trial Court No. 2020-CI-10952
Honorable Angelica Jimenez, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Beth Watkins, Justice
Liza A. Rodriguez, Justice
Delivered and Filed: November 25, 2020
DISMISSED FOR WANT OF PROSECUTION
When appellant filed this appeal, it was required to pay a filing fee of $205.00. See TEX.
GOV’T CODE ANN. §§ 51.207(b)(1), 51.941(a); see also id. §§ 51.208, 51.0051; TEXAS SUPREME
COURT ORDER REGARDING FEES CHARGED IN THE SUPREME COURT, IN CIVIL CASES IN THE
COURTS OF APPEALS, AND BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION (Misc.
Docket No. 14-9158, Aug. 28, 2015). Appellant did not pay the required filing fee when it filed
the notice of appeal. The clerk of the court notified appellant of this deficiency in a letter dated
October 1, 2020 and advised appellant that the filing fee was due by October 12, 2020. On October
04-20-00488-CV
22, 2020, when the fee remained unpaid, we ordered appellant to show cause in writing that either
(1) the filing fee had been paid, or (2) it was entitled to appeal without paying the filing fee by
November 2, 2020. 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). We further advised
appellant that if it failed to respond satisfactorily within the time ordered, the appeal would be
dismissed for failure to pay the filing fee. See id. R. 5, 42.3(c).
When the fee was not paid by November 2, 2020, this court contacted appellant about the
late filing fee by telephone, but the filing fee remains unpaid. We therefore order this appeal
dismissed for want of prosecution. See id. R. 42.3(c). We further order that appellee recover his
costs of this appeal, if any, from appellant.
PER CURIAM
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