Jaime Gilpatrick v. Jason Gokey and Alma Hill

• Court: Court of Appeals of Texas
• Decided: August 1, 2023
• Docket: 01-23-00227-CV
• Status: Published

Opinion

Opinion issued August 1, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00227-CV ——————————— JAIME GILPATRICK, Appellant V. JASON GOKEY AND ALMA HILL, Appellees

On Appeal from the 306th District Court Galveston County, Texas Trial Court Case No. 08-FD-0452

MEMORANDUM OPINION

Appellant, Jaime Gilpatrick, appeals from a final judgment signed on

February 21, 2023. 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 §§ 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 (Tex. Aug. 28, 2015).

The Court issued a notice on April 18, 2023 (past due fee) that the appeal

might be subject to appeal unless the filing fee was paid. The Court also issued an

order on June 20, 2023, advising appellant that no evidence had been filed showing

that appellant was excused from paying costs and that, unless appellant paid the

filing fee within ten days, the appeal might be dismissed. 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). No response was received.

The Court advised appellant on May 5, 2023 that the Court might dismiss the

appeal for failure to pay or make financial arrangements for the filing of the clerk’s

record unless appellant submitted written evidence by June 5, 2023 that he had paid

or made arrangements to pay for the clerk’s record. 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). No

response was received.

2 We dismiss the appeal for want of prosecution. See TEX. R. APP. P. 42.3(c),

43.2(f). We dismiss all pending motions as moot.

PER CURIAM Panel consists of Justices Kelly, Hightower, and Countiss.