Elvin Duntin v. AMH 2014-1 Borrower LLC

• Court: Court of Appeals of Texas
• Decided: August 13, 2024
• Docket: 01-24-00278-CV
• Status: Published

Opinion

Opinion issued August 13, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00278-CV ——————————— ELVIN DUNTIN, Appellant V. AMH 2014-1 BORROWER, LLC, Appellee

On Appeal from the County Civil Court at Law No. 3 Harris County, Texas Trial Court Case No. 1219755

MEMORANDUM OPINION

Appellant, Elvin Duntin, filed a notice of appeal from the trial court’s

February 27, 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 1, 2024, appellant was notified that this

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

established, by May 31, 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 April 30, 2024,

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

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

preparation of the clerk’s record by May 30, 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 Goodman, Guerra, and Farris.