J.K. Martens, a/k/a John Karl Martens v. Tramonte, Tramonte & Bastein--Appeal from County Court at Law No 2 of Galveston County

Dismissed and Opinion filed  January 9, 2003.

In The

Fourteenth Court of Appeals

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NO. 14-02 01149-CV

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J.K. MARTENS a/k/a JOHN KARL MARTENS, Appellant

V.

TRAMONTE, TRAMONTE & BASTIEN, Appellee

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On Appeal from the County Court at Law No. 2

Galveston County, Texas

Trial Court Cause No. 48,744

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M E M O R A N D U M O P I N I O N

This is an appeal from a judgment signed July 12, 2002. Appellant filed a timely motion for new trial. The notice of appeal was due October 10, 2002. See Tex. R. App. P. 26.1. Appellant, however, filed his notice of appeal on October 29, 2002, a date within fifteen days of the due date for the notice of appeal. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Appellant did not file a motion to extend time to file the notice of appeal. On November 27, 2002, we ordered appellant to file a proper motion to extend time to file the notice of appeal on or before December 9, 2002. See Tex. R. App. P. 26.3;10.5(b). Appellant did not file a motion. On December 16, 2002, appellee filed a motion to dismiss

the appeal for want of jurisdiction based upon the untimely notice of appeal and appellant s failure to file a proper motion to extend time to file the notice of appeal in accordance with this Court s order. We find appellee s motion meritorious. Accordingly, we grant appellee s motion and dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3.

Moreover, the filing fee of $125.00 has not been paid. No proper affidavit of indigence was filed with or before the notice of appeal. See Tex. R. App. P. 20.1. Therefore, on December 5, 2002, the Court issued an order stating that unless appellant paid the appellate filing fee of $125.00 within fifteen days of the date of the order, the appeal would be dismissed. The filing fee has not been paid, and appellant has not responded to the Court s order of December 5, 2002. Therefore, the appeal is ordered dismissed for failure to comply with this Court s order of December 5, 2002. See Tex. R. App. P. 42.3(c).

Based on the reasons set forth above, we dismiss the appeal.

PER CURIAM

Opinion filed January 9, 2003.

Panel consists of Justices Yates, Anderson, and Frost.