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Wilson v. American Express Bank FSB

Court of Appeals of Texas, Fourteenth District

January 10, 2017

J. WILSON, Appellant
v.
AMERICAN EXPRESS BANK FSB, Appellee

         On Appeal from County Civil Court at Law No. 3 Harris County, Texas Trial Court Cause No. 1072166

          Panel consists of Chief Justice Frost and Justices Brown and Jewell.

          MEMORANDUM OPINION

          PER CURIAM

         This is an appeal from a judgment signed July 19, 2016. The notice of appeal was filed October 17, 2016. Our records show that to date appellant has not paid the appellate filing fee. See Tex. R. App. P. 5 (requiring payment of fees in civil cases unless party is excused by statute or by appellate rules from paying costs); Tex. Gov't Code Ann. § 51.207 (West 2013) (directing clerk of court of appeals to collect certain fees in civil cases). On December 6, 2016, this court ordered appellant to pay the appellate filing fee on or before December 16, 2016, or the appeal would be dismissed. Appellant has not paid the appellate filing fee.

         Further, 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. On November 21, 2016, the court notified all parties of the court's intention to dismiss the appeal for want of prosecution unless, within fifteen days, appellant paid or made arrangements to pay for the record and provided this court with proof of payment or arrangements for payment. See Tex. R. App. P. 37.3(b). Appellant has done neither.

         Accordingly, the appeal is DISMISSED. See Tex. R. App. P. 42.3(c) (allowing involuntary dismissal of case because appellant has failed to comply with notice from clerk ...


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