Document Info

DocketNumber: 08-18-00162-CV

Filed Date: 10/31/2018

Status: Precedential

Modified Date: 11/5/2018

  •                                    COURT OF APPEALS
    EIGHTH DISTRICT OF TEXAS
    EL PASO, TEXAS
    §
    GARY D. SMITH,                                                     No. 08-18-00162-CV
    §
    APPELLANT,                                   Appeal from the
    §
    V.                                                               County Court at Law No. 5
    §
    PAUL T. LOVE,                                                    of El Paso County, Texas
    §
    APPELLEE.                              (TC# 2018CCV01154)
    §
    MEMORANDUM OPINION
    This appeal is before the Court on its own motion to determine whether it should be
    dismissed for want of prosecution. Finding that Appellant, Gary D. Smith, has failed to pay the
    case filing fee, we dismiss the appeal for want of prosecution.
    Appellant did not pay the case filing fee of $205 when he filed his notice of appeal, and
    there is nothing in the record before us to indicate Appellant is indigent. On October 4, 2018, the
    Clerk of the Court sent Appellant a second request for payment of the case filing fee. The letter
    also notified Appellant that failure to pay the case filing fee within twenty days could result in
    dismissal of the appeal for want of prosecution pursuant to TEX.R.APP.P. 42.3(b) and (c).
    Appellant has not paid the filing fee or otherwise responded to our notice. Pursuant to Rule 42.3(b)
    and (c), we dismiss the appeal for want of prosecution. See TEX.R.APP.P. 42.3(b), (c).
    October 31, 2018
    YVONNE T. RODRIGUEZ, Justice
    Before McClure, C.J., Rodriguez, and Palafox, JJ.
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