Eusebio Palacios and Julia Juarez v. JP Morgan Chase Bank, N.A., Its Officers, Agents, Assignees, and Associates

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-14-00136-CV
FILOMENO GARCIA, VERONICA GARCIA, EUSEBIO PALACIOS,
JULIA JUAREZ, AND ALL CURRENT OCCUPANTS 1301 WESTMORELAND
ROAD, RED OAK, TEXAS 75154, APPELLANTS
V.
JP MORGAN CHASE BANK, N.A., ITS OFFICERS, AGENTS,
ASSIGNEES, AND ASSOCIATES, APPELLEES
On Appeal from the County Court at Law No. 1
Ellis County, Texas
Trial Court No. 13-C-3097, Honorable Jim Chapman, Presiding
May 5, 2014
MEMORANDUM OPINION
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
Appellants filed a notice of appeal on March 26, 2014, but failed to pay the $195
filing fee required under Texas Rule of Appellate Procedure 5. The notice of appeal
was originally filed in the 10th Court of Appeals, and notice was given appellants of the
defect and that the filing fee needed to be paid. The matter was then transferred to the
7th Court, and we too informed appellants, by letter dated April 16, 2014, that the filing
fee was outstanding and that the appeal would be dismissed unless it was paid within
ten days from the April 16th letter. TEX. R. APP. P. 42.3(c); see Holt v. F.F. Enterprises,
990 S.W.2d 756 (Tex. App.—Amarillo 1998, pet. ref’d). The fee has not been paid to
date. Nor have appellants filed affidavits of indigency or sought leave to proceed
without the payment of fees.
Furthermore, appellants filed a notice of appeal on March 26, 2014, from a
judgment signed on May 31, 2013. No motion for new trial or like request extending the
appellate deadline was filed. Consequently, appellants had until July 1, 2013, to file a
notice of appeal. Appellants did not do so. Thereafter, we afforded them an opportunity
to explain why notice was untimely and why we had jurisdiction over the appeal. To
date no response has been received. Given these circumstances, we cannot but
conclude that we lack jurisdiction over the appeal.
Because appellants have failed to pay the requisite filing fee as directed by the
court and notice was late, we dismiss the appeal.
Per Curiam
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