Dismissed and Memorandum Opinion filed February 27, 2014.

In The

Fourteenth Court of Appeals

NO. 14-13-01111-CV

ERIC NDUBUEZE UFOM AND EQUAL RIGHTS FOR PERSONS WITH 

DISABILITIES INTERNATIONAL, INC, Appellants

V.

WEST WYNDE HEALTH SERVICES, INC., GLADYS IBIK AND JOHN 

IBIK, Appellees

On Appeal from the 113th District Court

Harris County, Texas

Trial Court Cause No. 2011-70277

M E M O R A N D U M O P I N I O N

According to the notice of appeal filed November 19, 2013, this is an 

attempted appeal is from “the trial Court’s previous and final rulings, on November 

1, 2013” on a pro se motion for discovery. No clerk’s record has been filed.

Our records show that appellant, Eric Ndubueze Ufom, has not established 

indigence or paid the $195.00 appellate filing fee. See Tex. R. App. P. 5 (requiring 
2

payment of fees in civil cases unless indigent); Tex. R. App. P. 20.1 (listing 

requirements for establishing indigence); see also 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. 13-9127 (Tex. Aug. 

16, 2013) (listing fees in court of appeals); Tex. Gov’t Code ' 51.207 (same). The 

corporation also has not paid the appellate filing fee.1

On December 27, 2013, this court notified appellants that the filing fee was 

past due and failure to pay the appellate filing fee would result in dismissal of the 

appeal. See Tex. R. App. P. 42.3(c) (allowing involuntary dismissal of case 

because appellant has failed to comply with notice from clerk requiring response or 

other action within specified time). Appellant Ufom requested and was granted an 

extension of time to pay the appellate filing fee until January 21, 2014, after the 

trial court’s scheduled hearing on the contest to appellant’s affidavit of indigence.

The Harris County District Clerk’s office notified this court that the trial court 

signed an order on January 10, 2014, sustaining the contest to Ufom’s affidavit of 

indigence. See Tex. R. App. P. 20.1(i). 

The appellate filing fee has not been paid, and on January 23, 2014, this 

court again notified appellants that the filing fee was past due and failure to pay the 

appellate filing fee would result in dismissal of the appeal. No response was filed.

On January 22, 2014, the clerk responsible for preparing the record in this 

appeal informed the court appellants did not make arrangements to pay for the 

record after the denial of Ufom’s request to proceed without the payment of costs. 

 

1 We note that Equal Rights for Persons with Disabilities International, Inc. is named in 

the notice of appeal signed by Ufom. Except for the performance of ministerial tasks, 

corporations may appear and be represented only by a licensed attorney. Kunstoplast of Am., Inc. 

v. Formosa Plastics Corp., U.S.A., 937 S.W.2d 455, 456 (Tex. 1996); see also Dell Dev. Corp. v. 

Best. Indus. Uniform Sup. Co., 743 S.W.2d 302, 303 (Tex. App.—Houston [14th Dist.] 1987, 

writ denied). 
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That day, notification was transmitted to all parties of the court’s intention to 

dismiss the appeal for want of prosecution unless, within fifteen days, appellants

paid or made arrangements to pay for the record and provided this court with proof 

of payment. See Tex. R. App. P. 37.3(b). Appellants have not provided this court 

with proof of payment for the record or filed any other response to this court’s 

notice. 

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Chief Justice Frost and Justices McCally and Busby.