DocketNumber： 07-09-00389-CV
Filed Date： 1/12/2010
Status： Precedential
Modified Date： 10/16/2015
NO. 07-09-0389-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
JANUARY 12, 2010
______________________________
TONY GARZA, APPELLANT
V.
UNITED SUPERMARKETS, L.L.C., APPELLEE
_________________________________
FROM THE 237TH DISTRICT COURT OF LUBBOCK COUNTY;
NO. 2008-544,606; HONORABLE RUBEN REYES, JUDGE
_______________________________
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
MEMORANDUM OPINION
Appellant, Tony Garza, perfected this appeal from the trial court’s order granting United Supermarkets, L.L.C.’s, no-evidence motion for summary judgment. By letter dated December 15, 2009, Garza was notified, among other things, that the $175 filing fee had not been paid and was given until December 27, 2009 to correct the deficiency. Garza was also notified that failure to pay the filing fee could result in dismissal of the appeal. See Tex. R. App. P. 5 and 42.3(c). To date the fee has not been paid nor has Garza responded to the Court’s notice.
Unless a party is excused from paying a filing fee, the Clerk of this Court is required to collect filing fees set by statute or the Supreme Court when an item is presented for filing. See Tex. R. App. P. 5 and 12.1(b). Although the filing of a notice of appeal invokes this Court’s jurisdiction, if a party fails to follow the prescribed rules of appellate procedure, the appeal may be dismissed. Tex. R. App. P. 25.1(b). Consequently, because the filing fee has not been paid, we must dismiss the appeal.
Accordingly, the appeal is dismissed for failure to comply with the Texas Rules of Appellate Procedure and with a notice from the Clerk requiring payment of the filing fee. Tex. R. App. P. 42.3(c).
Patrick A. Pirtle
Justice