Ali Yazdchi v. Sandra G. O'Connor

• Court: Court of Appeals of Texas
• Decided: July 12, 2022
• Docket: 14-22-00342-CV
• Status: Published

Opinion

Appellant Dismissed; Order filed July 12, 2022

In The

Fourteenth Court of Appeals ____________

NO. 14-22-00342-CV ____________

AHMAD YAZDCHI AND ALI YAZDCHI, Appellants

V.

SANDRA G. O'CONNOR, Appellee

On Appeal from the Probate Court No. 1 Harris County, Texas Trial Court Cause No. 499,220

ORDER

This is an appeal from a judgment signed April 26, 2022. The notice of appeal was filed May 9, 2022. To date, our records show that appellant, Ahmad Yazdchi, 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 § 51.207 (appellate fees and costs). Appellant, Ali Yazdchi, has filed a statement of inability to afford payment of costs on appeal and is excused from paying the fee.

On June 14, 2022, this court ordered appellant, Ahmad Yazdchi, to pay the appellate filing fee on or before June 24, 2022 or appellant, Ahmad Yazdchi, would be subject to dismissal from this appeal without further notice. Appellant, Ahmad Yazdchi, has not paid the appellate filing fee or otherwise responded to the court’s order. Accordingly, we dismiss appellant, Ahmad Yazdchi, from 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); Unknown Heirs v. Estate of Guitierrez, No. 04- 09-00669-CV, 2010 WL 184044 at *1 (Tex. App.—San Antonio Jan. 20, 2010, no pet.) (dismissing only appeals of appellants who failed to pay filing fee); Olley v. Valplace Houston 1-10 West Texas LP, No. 14-15-00386-CV, 2016 WL 299677 at *2 (Tex. App.—Houston [14th Dist.] Jan. 21, 2016, no pet.) (holding non- signatory appellant could not join other appellant’s affidavit of indigence).

PER CURIAM

Panel consists of Justices Bourliot, Hassan, and Wilson.