Charles R. Cruse v. Dean Lawther LTD D/B/A Kilgore's Clear Lake Lumber--Appeal from 10th District Court of Galveston County

Dismissed and Memorandum Opinion filed May 26, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-05-00343-CV

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CHARLES R. CRUSE, Appellant

V.

DEAN LAWTHER LTD d/b/a KILGORE=S CLEAR LAKE LUMBER, Appellee

On Appeal from the 10th District Court

Galveston County, Texas

Trial Court Cause No. 02CV0726

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 February 24, 2005. The notice of appeal was filed on March 24, 2005. To date, our records show that appellant has neither established indigence nor paid the $125.00 appellate filing fee. See Tex. R. App. P. 5 (requiring payment of fees in civil cases unless indigent);Tex. R. App. P. 20.1 (listing requirements for establishing indigence); see also Order Regarding Fees Charged in Civil Cases in the Supreme Court and the Courts of Appeals, Misc. Docket No. 98-9120 (Tex. Jul. 21, 1998) (listing fees in court of appeals); Tex. Gov=t Code Ann. ' 51.207 (Vernon Supp.2004-05) (same). After being notified that this appeal was subject to dismissal, appellant did not adequately respond, and the filing fee remains unpaid.

In addition, no clerk=s record has been filed. The clerk responsible for preparing the record in this appeal informed the court appellant did not make arrangements to pay for the record. On April 27, 2005, notification was transmitted to all parties of the court=s intention to dismiss the appeal for want of prosecution unless, within fifteen days, appellant paid or made arrangements to pay for the record and provided this court with proof of payment. See Tex. R. App. P. 37.3(b). Appellant did not respond, and no clerk=s record has been filed.

Accordingly, the appeal is ordered dismissed. See Tex. R. App. P. 42.3(c) (allowing involuntary dismissal of case because appellant has failed to comply with notice from clerk requiring response or other action within specified time); Tex. R. App. P. 37.3(b) (allowing dismissal when no clerk=s record is filed due to appellant=s fault).

PER CURIAM

Judgment rendered and Memorandum Opinion filed May 26, 2005.

Panel consists of Chief Justice Hedges and Justices Fowler and Frost.