American Home Assurance Company, Gary Ivy and Dmitry Golovko, M.D. v. Loneta Woodard

NO. 07-06-0442-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL E

NOVEMBER 5, 2007 ______________________________

DMITRY GOLOVKO, M.D.,

Appellant

v.

LONETTA WOODARD,

Appellee

_________________________________

FROM THE 99^TH DISTRICT COURT OF LUBBOCK COUNTY;

NO. 2006-534,351; HON. WILLIAM C. SOWDER, PRESIDING _______________________________

Order of Dismissal Due to Settlement _______________________________

Before QUINN, C.J., PIRTLE, J., and BOYD, S.J. ⁽¹⁾

The parties to this proceeding represent that they have settled their dispute and seek the dismissal of the appeal. However, they request that the appeal be abated and remanded so that the trial court may order dismissal. Yet, despite our solicitations, neither provided us with authority illustrating that a trial court has the jurisdiction to dismiss an appeal. Nor did they indicate why they wanted the trial court to dismiss the appeal as opposed to this court.

Given the representation that they settled the cause and request dismissal and their failure to provide authority disclosing that a trial court may dismiss a cause pending in an appellate court, we deny the request to abate and dismiss the appeal ourselves.

Accordingly, we deny the motion to abate and dismiss the appeal due to settlement.

Per Curiam

1. John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment. Tex. Gov't Code Ann. §75.002(a)(1) (Vernon Supp. 2007).

Rule of Appellate Procedure 5. Nor did she file an affidavit of indigence per Texas Rule of Appellate Procedure 20.1. By letter from this Court dated October 30, 2007, we informed appellant that the filing fee in the amount of $175.00 had not been paid and if not paid “by Friday, November 9, 2007, this appeal will be subject to dismissal.” 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 deadline lapsed, and the fee was not received.

          Because appellant failed to pay the requisite filing fee as directed by the court, we dismiss the appeal pursuant to Texas Rule of Appellate Procedure 42.3(c).

                                                                           Per Curiam