Heights Plaza, LLC and Ali Halawe v. Woodforest National Bank

• Court: Court of Appeals of Texas
• Decided: November 24, 2015
• Docket: 01-15-00113-CV
• Status: Published

Opinion

Opinion issued November 24, 2015

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-15-00113-CV ——————————— HEIGHTS PLAZA, LLC AND ALI HALAWE, Appellants V. WOODFOREST NATIONAL BANK, Appellee

On Appeal from the 234th District Court Harris County, Texas Trial Court Cause No. 2014-18351

MEMORANDUM OPINION

Appellants, Heights Plaza, LLC and Ali Halawe, appealed from the trial

court’s order granting the appellee’s motion for summary judgment, signed on

January 5, 2015. See TEX. R. APP. P. 26.1(a)(1). However, appellants have neither

paid the required filing fee nor established indigence for purposes of appellate costs. See TEX. R. APP. P. 5, 20.1; see also TEX. GOV’T CODE ANN. §§ 51.207,

51.208, 51.941(a), 101.041(1) (West 2013), § 101.0411 (West Supp. 2014); 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. 13-9127 (Tex. Aug. 16, 2013). Further, appellants have neither paid nor made

arrangements to pay the fee for preparing the clerk’s record. See TEX. R. APP. P.

37.3(b). After being notified by the Clerk of this Court on February 26, 2015, and

again on May 14, 2015, that this appeal was subject to dismissal, appellants did not

timely respond. See id. 5, 42.3(c).

Accordingly, we dismiss the appeal for nonpayment of all required fees and

for want of prosecution. See TEX. R. APP. P. 5, 42.3(b), (c). We dismiss any

pending motions as moot.

PER CURIAM Panel consists of Justices Jennings, Keyes, and Bland.