Joe A. Guajardo a/k/a Joseph A. Guajardo, Individually and as Trustee of the J. Anthony Guajardo Children's Trust v. City of San Antonio, City of San Antonio by and through City Public Service Board of San Antonio (CPS Energy) and Ray Farris, Inc.--Appeal from 225th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-07-00266-CV
Joe A. GUAJARDO a/k/a Joseph A. Guajardo, Individually, and
as Trustee of the J. Anthony Guajardo Children's Trust,
Appellant
v.
CITY OF SAN ANTONIO, City of San Antonio by and through
City Public Service Board of San Antonio (CPS Energy), and Ray Farris, Inc.,
Appellees
From the 225th Judicial District Court, Bexar County, Texas
Trial Court No. 2004-CI-09842
Honorable David A. Berchelmann, Jr., Judge Presiding

PER CURIAM

 

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Steven C. Hilbig, Justice

 

Delivered and Filed: June 6, 2007

 

DISMISSED

When this appeal was filed, appellant was required to pay a $125.00 filing fee. See Tex. Gov't Code Ann. 51.207(b)(1), 51.941(a)(1) (Vernon 2005); Texas Supreme Court Order Regarding Fees Charged In Civil Cases In the Supreme Court and the Courts of Appeals (July 21, 1998) B.1.(a). The required fee was not paid; accordingly, the clerk of this court notified appellant, Joe A. Guajardo a/k/a Joseph A. Guajardo, Individually and as Trustee of the J. Anthony Guajardo Children's Trust, of the deficiency and advised him the fee must be paid no later than April 30, 2007. On May 2, 2007, when the fee remained unpaid, this court ordered that appellant must, not later than May 14, 2007, either (1) pay the applicable filing fee or (2) provide written proof to this court that he is excused by statute or the Texas Rules of Appellate Procedure from paying the fee. See Tex. R. App. P. 5 ("A party who is not excused by statute or these rules from paying costs must pay--at the time an item is presented for filing--whatever fees are required by statute or Supreme Court order. The appellate court may enforce this rule by any order that is just."). The court advised Guajardo that if he failed to respond satisfactorily within the time ordered, the appeal would be dismissed. See Tex. R. App. P. 42.3.

In our May 2, 2007 order, we also advised Guajardo that the court had received a notification from the trial court clerk stating that the clerk's record, which was due January 8, 2007, has not been filed because appellant has not paid for the record and is not entitled to appeal without paying the clerk's fee. Accordingly, we ordered Guajardo to provide written proof to this court on or before May 14, 2007, that either (1) the clerk's fee has been paid or arrangements had been made to pay the clerk's fee; or (2) he is entitled to appeal without paying the clerk's fee. We advised Guajardo that if he failed to respond within the time provided, the appeal would be dismissed for want of prosecution. See Tex. R. App. P. 37.3(b).

Appellant has not paid the filing fee and has not otherwise responded to our May 2, 2007 order. We therefore dismiss this appeal for want of prosecution.

PER CURIAM