Teah Lavizzo v. Tigoni Villas

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-12-00740-CV

Teah Nicole LAVIZZO,

Appellant v.

TIGONI VILLAS APARTMENTS LLC,

Appellee

From the County Court at Law No. 3, Bexar County, Texas Trial Court No. 380,203

Honorable David J. Rodriguez, Judge Presiding PER CURIAM

Sitting: Rebecca Simmons, Justice

Steven C. Hilbig, Justice

Marialyn Barnard, Justice

Delivered and Filed: December 21, 2012

DISMISSED FOR WANT OF PROSECUTION

Appellant was required to pay $175.00 and $10.00 fees when she filed her notice of appeal. See TEX. R. APP. P. 5. 1 Appellant did not pay the required fees. Accordingly, the clerk of this court notified appellant by letter dated November 2, 2012, that the notice of appeal was conditionally filed and the filing fees were due no later than November 12, 2012.

On November 27, 2012, when the fees remained unpaid, this court ordered appellant to provide written proof to this court not later than December 12, 2012, that either (1) the $175.00 and $10.00 filing fees have been paid, or (2) appellant is entitled to appeal without paying the filing fees. See id. We warned appellant that if she failed to respond as ordered, the appeal would be dismissed. See id. R. 5, 42.3; In re W.J.C., No. 04-05-00532-CV, 2005 WL 3477883, at *1 (Tex. App.—San Antonio Dec. 21, 2005, no pet.) (mem. op.).

To date, appellant has not filed any response with this court. Therefore, we dismiss this appeal for want of prosecution. See id. R. 37.3(b), 42.3(c). Costs of this appeal are taxed against appellant. See id. R. 43.4.

PER CURIAM