Derek Sanford Phelps v. The State of Texas--Appeal from Criminal District Court No. 2 of Tarrant County

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State: Texas

Court: Criminal Court of Appeals

Docket No: 02-06-00450-CR

Case Date: 04/24/2008

Plaintiff: BEVERLY SANFORD

Defendant: THE STATE OF TEXAS (Other)

Preview: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
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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

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