Deborah Durst v. City of Galveston

• Court: Court of Appeals of Texas
• Decided: August 6, 2024
• Docket: 01-24-00330-CV
• Status: Published

Opinion

Opinion issued August 6, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00330-CV ——————————— DEBORAH DURST, Appellant V. CITY OF GALVESTON, Appellee

On Appeal from the County Court at Law No. 3 Galveston County, Texas Trial Court Case No. CV-0091855

MEMORANDUM OPINION

Appellant, Deborah Durst, filed a notice of appeal from the trial court’s March

20, 2024 final judgment. Appellant has neither paid the required fees nor established

indigence for purposes of costs. See TEX. R. CIV. P. 145; 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 May 24, 2024, appellant was notified that this appeal was subject to

dismissal if appellate costs were not paid, or indigence was not established, by June

24, 2024. See TEX. R. APP. P. 42.3(b), (c). Appellant did not adequately respond.

Further, appellant has not paid or made arrangements to pay the fee for the

preparation of the clerk’s record. See TEX. R. APP. P. 37.3(b). On May 22, 2024,

appellant was notified that this appeal was subject to dismissal if appellant did not

submit written evidence that she had paid or made arrangements to pay the fee for

the preparation of the clerk’s record by June 21, 2024. See TEX. R. APP. P. 42.3(b),

(c). Appellant did not adequately respond.

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.