R.K. Dhingra v. Harris County Appraisal District--Appeal from 164th District Court of Harris County

Dismissed and Memorandum Opinion filed August 25, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-05-00739-CV

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R. K. DHINGRA, Appellant

V.

HARRIS COUNTY APPRAISAL DISTRICT, Appellee

On Appeal from the 164th District Court

Harris County, Texas

Trial Court Cause No. 03-54444

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 March 28, 2005. 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 July 26, 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).

Donna King, the court reporter in this case, notified the court that appellant has not requested or made payment arrangements for preparation of the reporter=s record. On August 4, 2005, the court notified appellant that the court would consider his appeal without a reporter=s record unless he provided proof of payment for the record within fifteen days.

The $125.00 appellate filing fee was due when appellant filed his notice of appeal on June 24, 2005. To date, our records show that appellant has neither established indigence nor paid the 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). On August 9, 2005, the court notified appellant that his appeal was subject to dismissal for nonpayment of the appellate filing fee.

On August 10, 2005, appellant filed a motion to suspend the appeal and extend the time for filing the record. In his motion, he asserted that the underlying judgment is not final and asks that we suspend the appeal until all issues are resolved. Appellant subsequently requested an extension of time to pay his filing fee. We deny the motions. See Tex. R. App. P. 27.2 (giving appellate court discretion to permit modification of orders or judgments so they may be made final).

Accordingly, the appeal is ordered dismissed. See Tex. R. App. P. 37.3(b).

PER CURIAM

Judgment rendered and Memorandum Opinion filed August 25, 2005.

Panel consists of Chief Justice Hedges and Justices Yates and Anderson.