John B. Epstein v. State of Texas Workforce Commission Ed Serna Executive Director, TWC

• Court: Court of Appeals of Texas
• Decided: August 29, 2024
• Docket: 05-24-00794-CV
• Status: Published

Opinion

DISMISS and Opinion Filed August 29, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00794-CV

JOHN B. EPSTEIN, Appellant V. STATE OF TEXAS WORKFORCE COMMISSION ED SERNA EXECUTIVE DIRECTOR, TWC, Appellee

On Appeal from the County Court at Law No. 6 Collin County, Texas Trial Court Cause No. 006-01175-2024

MEMORANDUM OPINION Before Justices Reichek, Goldstein, and Garcia Opinion by Justice Reichek The filing fee and docketing statement in this case have not been filed. By

postcards dated July 2, 2024 and July 18, 2024, we notified appellant the $205 filing

fee was due. We directed appellant to remit the filing fee within ten days and

expressly cautioned appellant that failure to do so would result in dismissal of the

appeal. By postcard July 2, 2024, we notified appellant the docketing statement was

due and directed appellant to file the docketing statement within ten days. We

cautioned appellant that the appeal was subject to dismissal if he failed to do so. To date, appellant has not paid the filing fee or the docketing statement and has not

otherwise corresponded with the Court regarding the status of this appeal.1

Accordingly, we dismiss this appeal. See TEX. R. APP. P. 5 (providing

appellate courts may enforce rule requiring payment of filing fee “by any order that

is just”); 42.3(b),(c) (permitting appellate courts to dismiss appeal for want of

prosecution or for failure to comply with notice from clerk requiring a response or

other action within a specified time).

/Amanda L. Reichek/ AMANDA L. REICHEK JUSTICE

240794F.P05

1 Additionally, we note that by letter dated August 23, 2024, the Collin County Clerk notified us a notice of the fee for the clerk’s record was sent to appellant on July 2, 2024, but appellant has not yet paid for the clerk’s record. We sent a notice of nonpayment for the clerk’s record to appellant on August 23, 2024. –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

JOHN B. EPSTEIN, Appellant On Appeal from the County Court at Law No. 6, Collin County, Texas No. 05-24-00794-CV V. Trial Court Cause No. 006-01175- 2024. STATE OF TEXAS WORKFORCE Opinion delivered by Justice COMMISSION ED SERNA Reichek. Justices Goldstein and EXECUTIVE DIRECTOR, TWC, Garcia participating. Appellee

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

Judgment entered August 29, 2024

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