Lydia Martinez v. 33 Real Construction LLC
Lydia Martinez v. 33 Real Construction LLC
Opinion
Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-24-00403-CV Lydia MARTINEZ, Appellant v. REAL CONSTRUCTION LLC, Appellee From the County Court at Law No. 2, Webb County, Texas Trial Court No. 2024CVD000002L2 Honorable Victor Villarreal, Judge Presiding PER CURIAM Sitting: Luz Elena D. Chapa, Justice Irene Rios, Justice Beth Watkins, Justice Delivered and Filed: August 21, 2024 DISMISSED FOR WANT OF PROSECUTION On June 14, 2024, Appellant Lydia Martinez filed a notice of appeal. When appellant filed the notice of appeal, she was required to pay a $205.00 filing fee. See TEX. R. APP. P. 5. However, appellant did not pay the filing fee, and we notified appellant in writing the notice of appeal had been conditionally filed because the $205.00 filing fee had not been paid. We instructed appellant to pay the fee by July 8, 2024 and cautioned if the fee was not paid, the appeal was subject to being stricken by this court. The fee was not paid.
04-24-00403-CV
On July 11, 2024, we ordered appellant, by August 1, 2024, to either: (1) pay the filing fee; or (2) provide written proof she was entitled to appeal without paying the $205.00 filing fee. We warned appellant if she failed to respond within the time ordered, we would dismiss the appeal.
See TEX. R. APP. P. 5, 42.3(c).
Appellant has not paid the filing fee or otherwise responded to our order. Accordingly, we dismiss this appeal. See TEX. R. APP. P. 5, 42.3(c); Zayas v. Denson, No. 04-18-00373-CV, 2018 WL 3551193, at *1 (Tex. App.—San Antonio July 25, 2018, no pet.) (mem. op.) (dismissing appeal for failure to pay filing fee).
PER CURIAM
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