Juan Angel Guerra v. Del Lago Homeowners Association, Inc.

• Court: Court of Appeals of Texas
• Decided: January 30, 2025
• Docket: 13-24-00477-CV
• Status: Published

Opinion

NUMBER 13-24-00477-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

JUAN ANGEL GUERRA, Appellant,

v.

DEL LAGO HOMEOWNERS ASSOCIATION, INC., Appellee.

ON APPEAL FROM THE COUNTY COURT AT LAW NO. 1 OF HIDALGO COUNTY, TEXAS

MEMORANDUM OPINION

Before Justices Silva, Peña, and Cron Memorandum Opinion by Justice Peña

Appellant Juan Angel Guerra filed a notice of appeal from a “Court Appointed

Receiver Final Status Report and Final Letter to the Court” regarding cause number CL-

23-0503-A in the County Court at Law No. 1 of Hidalgo County, Texas. On October 7,

2024, the Clerk of the Court requested appellant to remit the $205.00 filing fee for the appeal within ten days. See TEX. R. APP. P. 5 (“A party who is not excused by statute or

these rules from paying costs must pay—at the time an item is presented for filing—

whatever fees are required by statute or Supreme Court order. The appellate court may

enforce this rule by any order that is just.”); TEX. GOV’T CODE ANN. § 51.207 (delineating

the required fees and costs in an appellate court). That same day, the Clerk also advised

appellant that it appeared that there was no final, appealable order in the clerk’s record,

requested appellant to correct this defect within ten days, and notified appellant that the

appeal would be dismissed if this defect was not cured. See TEX. R. APP. P. 42.3(a). On

November 4, 2024, the Clerk notified appellant that he was delinquent in paying the filing

fee for the appeal. The Clerk advised appellant that the appeal would be dismissed if the

filing fee was not paid within ten days. See id. R. 42.3(b), (c).

The Court, having examined and fully considered the documents on file and the

foregoing events, is of the opinion that this appeal should be dismissed. To date, appellant

has not responded to the Clerk’s notices, corrected the defect in the appeal, or paid the

filing fee for the notice of appeal. Accordingly, we dismiss this appeal. See id. 42.3(a),

(b), (c).

L. ARON PEÑA JR. Justice

Delivered and filed on the 30th day of January, 2025.