Abel H. Garcia and Amy Garcia v. Metano Energy, LP and Stallion Oilfield Services, LTD--Appeal from 229th Judicial District Court of Duval County

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i i i i i i MEMORANDUM OPINION No. 04-09-00213-CV Abel H. GARCIA and Amy Garcia, Appellants v. METANO ENERGY, L.P. and Stallion Oilfield Services, LTD, Appellees From the 229th District Court, Duval County, Texas Trial Court No. DC-06-331 Honorable Alex W. Gabert, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice Rebecca Simmons, Justice Delivered and Filed: June 24, 2009 DISMISSED A filing fee of $175.00 was due from appellants when this appeal was filed but was not paid. 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 clerk of the court notified appellants of this deficiency in a letter dated April 14, 2009. The fee remains unpaid. Rule 5 of the Texas Rules of Appellate Procedure provides: 04-09-00213-CV 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. TEX . R. APP . P. 5. Accordingly, on May 13, 2009, this court ordered appellants to either (1) pay the applicable filing fee or (2) provide written proof to this court that they are excused by statute or the Rules of Appellate Procedure from paying the fee. See TEX . R. APP . P. 20.1 (providing that indigent party who complies with provisions of that rule may proceed without advance payment of costs). Our order informed appellants that if they failed to respond satisfactorily within the time ordered, this appeal would be dismissed. See TEX . R. APP . P. 42.3. Appellants have not responded. Accordingly, this appeal is dismissed, and costs of appeal are taxed against appellants. PER CURIAM -2-

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