Daniel L. Noffsinger v. Capital One, N.A.

• Court: Court of Appeals of Texas
• Decided: February 7, 2025
• Docket: 07-25-00014-CV
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-25-00014-CV

DANIEL L. NOFFSINGER, APPELLANT

V.

CAPITAL ONE, N.A., APPELLEE

On Appeal from the County Court at Law No. 5 Williamson County, Texas Trial Court No. 23-0963-CC5, Honorable Will Ward, Presiding

February 7, 2025 MEMORANDUM OPINION Before QUINN, C.J., and PARKER and YARBROUGH, JJ.

Appellant, Daniel L. Noffsinger, filed a notice of appeal from the trial court’s Final

Judgment. Originally appealed to the Third Court of Appeals, this appeal was transferred

to this Court by the Texas Supreme Court pursuant to its docket equalization efforts. See

TEX. GOV’T CODE ANN. § 73.001. Prior to the transfer, by letter of December 9, 2024, the

Clerk of the Third Court of Appeals notified Noffsinger that the requisite filing fee was

overdue and that unless he was excused from paying court costs under Rule of Appellate

Procedure 20.1, failure to pay the filing fee by December 19 would result in dismissal of the appeal. To date, Noffsinger has neither paid the filing fee nor sought leave to proceed

without payment of court costs.

Because Noffsinger has failed to comply with a requirement of the appellate rules

and a notice from the Clerk requiring action within a specified time, we dismiss the appeal.

See TEX. R. APP. P. 25.1(b), 42.3(c).

Per Curiam