Shenandoah Church of Christ v. Gabriel Rodriguez Appeal from 225th Judicial District Court of Bexar County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-20-00488-CV SHENANDOAH CHURCH OF CHRIST, Appellant v. Gabriel RODRIGUEZ, Appellee From the 225th Judicial District Court, Bexar County, Texas Trial Court No. 2020-CI-10952 Honorable Angelica Jimenez, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Beth Watkins, Justice Liza A. Rodriguez, Justice Delivered and Filed: November 25, 2020 DISMISSED FOR WANT OF PROSECUTION When appellant filed this appeal, it was required to pay a filing fee of $205.00. See TEX. GOV’T CODE ANN. §§ 51.207(b)(1), 51.941(a); see also id. §§ 51.208, 51.0051; TEXAS SUPREME COURT ORDER REGARDING FEES CHARGED IN COURTS OF APPEALS, AND BEFORE THE THE JUDICIAL SUPREME COURT, IN CIVIL CASES IN PANEL ON THE MULTIDISTRICT LITIGATION (Misc. Docket No. 14-9158, Aug. 28, 2015). Appellant did not pay the required filing fee when it filed the notice of appeal. The clerk of the court notified appellant of this deficiency in a letter dated October 1, 2020 and advised appellant that the filing fee was due by October 12, 2020. On October 04-20-00488-CV 22, 2020, when the fee remained unpaid, we ordered appellant to show cause in writing that either (1) the filing fee had been paid, or (2) it was entitled to appeal without paying the filing fee by November 2, 2020. 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). We further advised appellant that if it failed to respond satisfactorily within the time ordered, the appeal would be dismissed for failure to pay the filing fee. See id. R. 5, 42.3(c). When the fee was not paid by November 2, 2020, this court contacted appellant about the late filing fee by telephone, but the filing fee remains unpaid. We therefore order this appeal dismissed for want of prosecution. See id. R. 42.3(c). We further order that appellee recover his costs of this appeal, if any, from appellant. PER CURIAM -2-

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