Jose Angel Becerra v. Estate of Roldan Chavez and Leonor ChavezAppeal from 49th Judicial District Court of Webb County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00652-CV Jose Angel BECERRA, Appellant v. Estate of Roldan Chavez and Leonor ESTATE OF Roldan CHAVEZ and Leonor Chavez, Appellees From the 49th Judicial District Court, Webb County, Texas Trial Court No. 2013-CVF-000969-D1 Honorable Jose A. Lopez, Judge Presiding PER CURIAM Sitting: Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Delivered and Filed: November 20, 2013 DISMISSED FOR WANT OF PROSECUTION To date, appellant has failed to pay the applicable filing fee in this appeal. Texas Rule of Appellate Procedure 5 provides, 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. On October 17, 2013, we ordered appellant to either (1) pay the applicable filing fee in this appeal or (2) provide written proof to this court that appellant is excused by statute or these rules 04-13-00652-CV from paying the filing fee on or before November 1, 2013. See TEX. R. APP. P. 20.1 (providing that party who qualifies as indigent under Rule 20 may proceed without advance payment of costs). We warned that if appellant failed to respond within the time provided, this appeal would be dismissed. See TEX. R. APP. P. 42.3(c). Because appellant has failed to pay the filing fee or provide written proof that he is excused from paying the filing fee, we dismiss this appeal. See id. PER CURIAM -2-

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