Harald Hublik v. Longwood Estates Community Improvement Association

In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-16-00257-CV
____________________
HARALD HUBLIK, Appellant
V.
LONGWOOD ESTATES COMMUNITY IMPROVEMENT ASSOCIATION,
Appellee
_______________________________________________________ ______________
On Appeal from the 284th District Court
Montgomery County, Texas
Trial Cause No. 14-06-06587-CV
________________________________________________________ _____________
MEMORANDUM OPINION
Harald Hublik filed a notice of appeal on July 15, 2016, concerning a final
judgment signed on June 14, 2016. We sent the appellant a fee bill and notified
him that he needed to explain why the notice of appeal was filed late. See Tex. R.
App. P. 26.3. The appellant neither established indigence nor paid the filing fee for
the appeal. See Tex. R. App. P. 5, 20.1. Additionally, Hublik did not make
arrangements to pay the trial court clerk’s fee for preparing the record. See Tex. R.
1
App. P. 37.3(b). On August 12, 2016, we provided an additional ten days to pay
the filing fee or file a motion for extension of time and an affidavit of indigence.
See Tex. R. App. P. 20.1(c). The appellant did not file a response within the
specified time. See Tex. R. App. P. 42.3(c).
Despite having been given written notice and an opportunity to cure, Hublik
neither paid the filing fee nor established that he is entitled to proceed without
payment of costs. See Tex. R. App. P. 20.1. We dismiss the appeal for want of
prosecution. See Tex. R. App. P. 42.3.
APPEAL DISMISSED.
________________________________
STEVE McKEITHEN
Chief Justice
Submitted on August 31, 2016
Opinion Delivered September 1, 2016
Before McKeithen, C.J., Kreger and Horton, JJ.
2