Carolyn A. Kibbey v. Discover Bank

• Court: Court of Appeals of Texas
• Decided: February 9, 2023
• Docket: 01-22-00443-CV
• Status: Published

Opinion

Opinion issued February 9, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-22-00443-CV ——————————— CAROLYN A. KIBBEY, Appellant V. DISCOVER BANK, Appellee

On Appeal from the County Civil Court at Law No. 2 Harris County, Texas Trial Court Case No. 1179868

MEMORANDUM OPINION

Appellant, Carolyn A. Kibbey, has neither paid the required fees nor

established indigence for purposes of appellate costs. See TEX. R. APP. P. 5, 20.1;

see also TEX. GOV’T CODE ANN. §§ 51.207, 51.208, 51.851(b), 51.941(a); Order,

Fees Charged in the Supreme Court, in Civil Cases in the Courts of Appeals, and Before the Judicial Panel on Multi-District Litigation, Misc. Docket No. 15-9158

(Tex. Aug. 28, 2015). On July 8, 2022, appellant was notified that this appeal was

subject to dismissal if appellate costs were not paid, or indigence was not

established, by August 8, 2022. See TEX. R. APP. P. 42.3(b), (c). Appellant did not

adequately respond.

Further, appellant has failed to timely file a brief. See TEX. R. APP. P. 38.6(a)

(governing time to file brief). Appellant filed a notice of appeal on June 8, 2022.

On June 17, 2022, the court reporter notified the Court that no reporter’s record was

taken in this case. The clerk’s record was filed on July 12, 2022. Accordingly,

appellant’s brief was due to be filed on or before August 12, 2022. See TEX. R. APP.

P. 38.6(a). Appellant did not file an appellant’s brief.

On August 22, 2022, the Clerk of this Court notified appellant that this appeal

was subject to dismissal unless a brief, or a motion to extend time to file a brief, was

filed within ten days of the notice. See TEX. R. APP. P. 38.8(a) (governing failure of

appellant to file brief), 42.3(b) (allowing involuntary dismissal of appeal for want of

prosecution), 42.3(c) (allowing involuntary dismissal of case for failure to comply

with notice from Clerk of Court). Despite the notice that this appeal was subject to

dismissal, appellant did not adequately respond.

2 Accordingly, we dismiss the appeal for nonpayment of all required fees and

want of prosecution. See TEX. R. APP. P. 5, 42.3(b), (c), 43.2(f). We dismiss any

pending motions as moot.

PER CURIAM

Panel consists of Justices Landau, Countiss, and Guerra.