Opinion
12-21-00132-CV
08-25-2021
PROGRESSIVE ADVANCED INSURANCE COMPANY, APPELLANT v. CHARLES TURNER D/B/A SERVICE MARINE AND THOMAS AND TURNER, INC., APPELLEES
Appeal from the 354th District Court of Rains County, Texas (Tr.Ct.No. 10659)
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
MEMORANDUM OPINION
PER CURIAM.
This appeal is being dismissed for failure to comply with a requirement of the appellate rules, a court order, or a notice from the clerk requiring a response or other action within a specified time. See TEX. R. APP. P. 42.3(c).
A party who is not excused by statute or the appellate rules from paying costs must pay--at the time an item is presented for filing--whatever fees are required by statute or Texas Supreme Court order. TEX. R. APP. P. 5; see TEX. R. APP. P. 20.1. An appellate court may enforce Rule 5 by any order that is just. TEX. R. APP. P. 5. After giving ten days' notice, an appellate court may dismiss an appeal because the appellant failed to comply with a requirement of the appellate rules, a court order, or a notice from the clerk requiring a response or other action within a specified time. TEX. R. APP. P. 42.3(c).
On August 12, 2021, the Clerk of this Court notified Appellant, Progressive Advanced Insurance Company, that the filing fee in this appeal is due. Appellant was informed that failure to remit the filing fee on or before August 23, would result in the Court's taking appropriate action, including dismissal of the case without further notice. See TEX. R. APP. P. 42.3(c). The date for remitting the filing fee passed, and Appellant has not responded to this Court's notice in writing, paid the filing fee, or otherwise shown that it is excused from paying the fee.
Because Appellant failed, after notice, to comply with Rule 5, the appeal is dismissed. See TEX. R. APP. P. 42.3(c).
We also note that Appellant has not filed the required docketing statement. See TEX. R. APP. P. 32.1.
JUDGMENT
THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this Court that this appeal should be dismissed.
It is therefore ORDERED, ADJUDGED and DECREED by this Court that this appeal be, and the same is, hereby dismissed; and that this decision be certified to the court below for observance.