The Unknown Heirs, Successors and Assigns of Joaquin Chapa, Deceased v. Maria del Rosario G. POPE; Maria Celeste G. Narro; Jose Ignacio Gutierrez; Maria Cecilia G. Martinez; and Maria Iris G. Trevino--Appeal from 229th Judicial District Court of Starr County
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MEMORANDUM OPINION
No. 04-09-00669-CV
THE UNKNOWN HEIRS, Successors and Assigns of Joaquin Chapa, Deceased,
Appellants
v.
ESTATE OF IGNACIA GUTIERREZ Deceased,
By and Through Its Independent Executors, Maria Del Rosario G. Pope, et al.,
Appellees
From the 229th District Court, Starr County, Texas
Trial Court No. DC-01-50
Honorable Alex William Gabert, Judge Presiding
PER CURIAM
Sitting:
Sandee Bryan Marion, Justice
Phylis J. Speedlin, Justice
Rebecca Simmons, Justice
Delivered and Filed: January 20, 2010
APPEALS DISMISSED IN PART
A filing fee of $175.00 was due when this appeal was filed, but has not been paid by the
following parties: (1) appellants, the Fowler Defendants; (2) appellants, the Rubin Defendants; (3)
appellants, the Becerra Intervenors/Defendants; and (4) appellants, the Rodriguez Defendants. 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
04-09-00669-CV
APPEALS (July 21, 1998) § B.1.(a). The clerk of the court notified each group of appellants of this
deficiency in letters dated October 16, 2009. The fees remain 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 December 8, 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,
their appeals would be dismissed. See TEX . R. APP . P. 42.3. On December 17, 2009, the Rubin
Defendants paid the $175.00 for their appeal. None of the other appellants paid the fee.
Accordingly, the appeals of the Fowler Defendants, the Becerra Intervenors/Defendants, and
the Rodriguez Defendants are all DISMISSED.
PER CURIAM
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