Swabb v. Swabb (Tex.App.- Houston [14th Dist.] July 30, 2009)(per curiam dismissal)
(dismissed on account of failure to pay for record on appeal)
DISMISSED: Per Curiam
Before Justices Anderson, Guzman and Boyce
14-09-00545-CV David Swabb v. Janie Guerra Swabb
Appeal from 246th District Court of Harris County
Dismissed and Memorandum Opinion filed July 30, 2009.
In The
Fourteenth Court of Appeals
____________
NO. 14-09-00545-CV
____________
DAVID SWABB, Appellant
V.
JANIE GUERRA SWABB, Appellee
On Appeal from the 246th District Court
Harris County, Texas
Trial Court Cause No. 2003-53142
M E M O R A N D U M O P I N I O N
This is an appeal from a judgment signed March 13, 2009. The notice of appeal was filed June
11, 2009. To date, our records show that appellant has neither established indigence nor paid
the $175.00 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 and Before the Judicial Panel on Multidistrict Litigation, Misc. Docket No. 07-9138
(Tex. Aug. 28, 2009) (listing fees in court of appeals); Tex. Gov't Code Ann. § 51.207 (Vernon
2005) (same).
After being given the requisite notice that this appeal was subject to dismissal, appellant has
not paid the filing fee. See Tex. R. App. P. 42.3(c) (allowing involuntary dismissal because
appellant failed to comply with order or notice from clerk requiring response or other action
within specified time).
In addition, no clerk's record has been filed. The clerk responsible for preparing the record in
this appeal informed the court that appellant did not make arrangements to pay for the record.
Notification was transmitted to all parties of the court's intention to dismiss the appeal for want
of prosecution unless appellant paid or made arrangements to pay for the record and provided
this court with proof of payment within fifteen days. See Tex. R. App. P. 37.3(b) (allowing
involuntary dismissal when no clerk's record has been filed due to appellant's fault). Appellant
filed no response.
Accordingly, the appeal is ordered dismissed.
PER CURIAM
Panel consists of Justices Anderson, Guzman and Boyce.
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