James J. Ludwick v. Hanh-Thi Bich Nguyen

• Court: Court of Appeals of Texas
• Decided: June 8, 2023
• Docket: 01-22-00887-CV
• Status: Published

Opinion

Opinion issued June 8, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-22-00887-CV ——————————— JAMES J. LUDWICK, Appellant V. HANH-THI BICH NGUYEN, Appellee

On Appeal from the 328th District Court Fort Bend County, Texas Trial Court Case No. 21-DCV-282033

MEMORANDUM OPINION

Appellant, James J. Ludwick, has neither established indigence, nor paid or

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

P. 20.1 (listing requirements for establishing 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 ANN. §§ 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. Appellant

failed to respond to our notice of March 6, 2023, concerning the failure to pay for

the clerk’s record. In that notice, the Court advised appellant that failure to pay the

fee for the clerk’s record could result in dismissal of this appeal. 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).

We dismiss the appeal. We dismiss any pending motions as moot.

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