Charles Foster and Ryan Sankar v. Ryan Izzo and Talia Cappuccio, Individually

• Court: Court of Appeals of Texas
• Decided: February 4, 2025
• Docket: 01-24-00660-CV
• Status: Published

Opinion

Opinion issued February 4, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00660-CV ——————————— CHARLES FOSTER AND RYAN SANKAR, Appellants V. RYAN IZZO AND TALIA CAPPUCCIO, INDIVIDUALLY, Appellees

On Appeal from the 190th District Court Harris County, Texas Trial Court Case No. 2021-78901

MEMORANDUM OPINION

Appellants Charles Foster and Ryan Sankar have not paid for the clerk’s

record or the required filing fee and have not established indigence for purposes of

appellate costs. See TEX. R. APP. P. 5, 20.1 (indigence), 37.3(b) (allowing dismissal

of appeal if no clerk’s record filed due to appellant’s fault); see also TEX. GOV’T CODE ANN. §§ 51.207, 51.208, 51.941(a), 101.041; Order Regarding 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. Notice

concerning the past due filing fee issued on September 25, 2024 and notice

concerning the failure to pay for the clerk’s record issued on November 4, 2024.

Both notices advised appellants that the appeal was subject to dismissal and

requested a response. Appellants did not respond to either notice. See TEX. R. APP.

P. 42.3(b) (allowing involuntary dismissal).

We dismiss the appeal for want of prosecution. See TEX. R. APP. P. 42.3,

43.2(f). We dismiss any pending motions as moot.

PER CURIAM Panel consists of Justices Rivas-Molloy, Johnson, and Dokupil.