FE EXPRESS LLC v. CONTRERAS (2017)

MEMORANDUM OPINION

When Hector Lopez filed his notice of appeal, he was required to pay a $205.00 filing fee. See TEX. R. APP. 5; TEXAS SUPREME COURT 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. 159158, Aug. 28, 2015). Lopez did not pay the required filing fee. Accordingly, this court ordered that Lopez must, not later than March 13, 2017, either (1) pay the applicable filing fee, or (2) provide written proof to this court that he is indigent or otherwise excused by statute or the Texas Rules of Appellate Procedure from paying the fee. See TEX. R. APP. P. 5 (“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.”). The court advised Lopez that if he failed to respond satisfactorily within the time ordered, his appeal would be dismissed. See TEX. R. APP. P. 42.3.

The filing fee has not been paid, and Lopez has not otherwise responded to our order. We therefore dismiss his appeal for want of prosecution. The appeal filed by appellants FE Express, LLC and Francisco Javier Bernal will be retained on the court's docket, and costs will be assessed upon final disposition of the appeal.

PER CURIAM