Olga Murry, Appellant v. Bank of America, N.A., Appellee (2016)

MEMORANDUM OPINION 1 AND JUDGMENT

On April 1, 2016, appellant filed a motion for reconsideration which we construed as a challenge to the trial court's order sustaining the trial court clerk's contest to appellant's affidavit of indigence.  On April 6, 2016, we denied appellant's motion, affirmed the trial court's order sustaining the contest, and concluded that appellant is not entitled to proceed without payment of costs in this appeal.  Appellant was ordered to pay the required $205.00 filing fee and to also pay or make arrangements to pay for preparation of the appellate record on or before April 18, 2016.  We notified appellant that failure to pay or to make such arrangements would result in dismissal of the appeal for want of prosecution.  See Tex.R.App. P. 37.3(b), 42.3(c).  Appellant has not paid the $205 filing fee nor made arrangements to pay for preparation of the appellate record.²  See Tex.R.App. P. 5, 12.1(b).

Because appellant failed to comply with a requirement of the rules of appellate procedure and the Texas Supreme Court's order of August 28, 2015,³ we dismiss the appeal.  See Tex.R.App. P. 42.3(c), 43.2(f).

Appellant shall pay all costs of this appeal, for which let execution issue.  See Tex.R.App. P. 43.4.

FOOTNOTES

1.   See Tex.R.App. P. 47.4.

2.   We have received a variety of documents from Appellant, but she has not requested any relief from this court in them nor has she paid any filing fees that would lead us to identify these documents as motions.

3.   See Supreme Court of Tex., Fees Charged in the Supreme Court, in Civil Cases in the Courts of Appeals, and Before the Judicial Panel on Multi-district Litigation, Misc. Docket No. 15–9158 (Aug. 28, 2015) (listing courts of appeals' fees).

BONNIE SUDDERTH, JUSTICE