Susan Crain v. Dora Rogers, M.D.--Appeal from 225th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-06-00347-CV
Susan CRAIN,

Appellant
v.
Dora ROGERS, M.D.,

Appellee
From the 225th Judicial District Court, Bexar County , Texas

Trial Court No. 2003-CI-13804

Honorable Janet P. Littlejohn, Judge Presiding

PER CURIAM

Sitting: Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Rebecca Simmons, Justice

Delivered and Filed: August 2, 2006

DISMISSED FOR WANT OF PROSECUTION

The clerk's record was originally due March 10, 2006. On June 9, 2006, this court ordered appellant to provide written proof, no later than June 22, 2006, to this court that either (1) the clerk's fee has been paid or arrangements have been made to pay the clerk's fee; or (2) appellant is entitled to appeal without paying the clerk's fee. Our order stated that if appellant failed to respond within the time provided, this appeal would be dismissed for want of prosecution. See Tex. R. App. P. 37.3(b). Appellant has not responded to our order. Accordingly, on July 11, 2006, this court ordered appellant to show cause in writing why this appeal should not be dismissed for want of prosecution. See Tex. R. App. P. 37.3(b), 42.3(b). No response has been received.

Additionally, a filing fee of $125.00 was due from appellant 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 appellant of this deficiency in a letter dated May 31, 2006. The fee remains unpaid. Rule 5 of the Texas Rules of Appellate Procedure 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.

Accordingly, on July 11, 2006, this court ordered appellant to either (1) pay the applicable filing fee or (2) provide written proof to this court that she is 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 appellant that if she failed to respond satisfactorily within the time ordered, this appeal would be dismissed. See Tex. R. App. P. 42.3. No response has been received.

This appeal is dismissed. Costs of appeal are taxed against appellant.

PER CURIAM