Al Mamounia, Inc. and Jean Soussan v. Charles M. Lusk, III, Et Al--Appeal from 280th District Court of Harris County

Dismissed and Memorandum Opinion filed November 20, 2008.

In The

Fourteenth Court of Appeals

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NO. 14-08-00637-CV

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AL MAMOUNIA, INC. and JEAN SOUSSAN, Appellants

V.

CHARLES M. LUSK, III, ET AL., Appellees

On Appeal from the 280th District Court

Harris County, Texas

Trial Court Cause No. 2006-23390

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

This appeal is from a judgment signed April 11, 2008. 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 October 24, 2008, notification was transmitted to all parties of the Court's intention to dismiss the appeal for want of prosecution unless, within fifteen days, appellants 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). Appellants have not provided this court with proof of payment for the record.

In addition, our records show that appellants have neither established indigence nor paid the $175.00 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 and Before the Judicial Panel on Multidistrict Litigation, Misc. Docket No. 07-9138 (Tex. Aug. 28, 2007) (listing fees in court of appeals); Tex. Gov=t Code Ann. ' 51.207 (Vernon 2005) (same). Appellants did not respond to this Court=s notice that the filing fee was past due and the appeal was subject to dismissal.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed November 20, 2008.

Panel consists of Chief Justice Hedges and Justices Guzman and Brown.