Charles Nelson v. Josh Vath and Janet Vath

• Court: Court of Appeals of Texas
• Decided: April 18, 2023
• Docket: 01-22-00888-CV
• Status: Published

Opinion

Opinion issued April 18, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-22-00888-CV ——————————— CHARLES NELSON, Appellant V. JOSH VATH AND JANET VATH, Appellees

On Appeal from the County Court at Law No. 3 Galveston County, Texas Trial Court Case No. CV-0087557

MEMORANDUM OPINION

This is an appeal from a judgment signed October 25, 2022. Appellant has

not paid for the clerk’s record or the required filing fee and has 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. Appellant failed to respond to our notices of December 22, 2022 (past

due filing fee) and December 27, 2022 (non-payment for the clerk’s record), that,

should appellant not pay the fee for the clerk’s record or the filing fee or establish

indigence, this appeal was subject to dismissal. See TEX. R. APP. P. 5 (allowing

enforcement of rule), 37.3(b) (allowing dismissal of appeal if no clerk’s record filed

due to appellant’s fault), 42.3(c) (allowing involuntary dismissal of case). Appellant

has not responded to this Court’s notices.

We dismiss the appeal. We dismiss any pending motions as moot.

PER CURIAM Panel consists of Chief Justice Adams and Justices Kelly and Goodman.