Terry W. Coufal v. The City of Missouri City--Appeal from 240th District Court of Fort Bend County

Dismissed and Memorandum Opinion filed August 31, 2006.

In The

Fourteenth Court of Appeals

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NO. 14-06-00556-CV

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TERRY W. COUFAL, Appellant

V.

THE CITY OF MISSOURI CITY, Appellee

On Appeal from the 240th District Court

Fort Bend County , Texas

Trial Court Cause No. 05-CV140625

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

This appeal is from a judgment signed May 11, 2006. 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, 2006, notification was transmitted to all parties of this 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). Appellant filed no response.

In addition, our records show that to date appellant has neither established indigence nor paid the $125.00 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, Misc. Docket No. 98-9120 (Tex. Jul. 21, 1998) (listing fees in court of appeals); Tex. Gov=t Code Ann. ' 51.207 (Vernon 2005) (same). After being given the requisite ten-days= notice that this appeal was subject to dismissal, appellant did not respond. See Tex. R. App. P. 42.3 (allowing involuntary dismissal of case because appellant has failed to comply with notice from clerk requiring response or other action within specified time).

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed August 31, 2006.

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