Juan Diaz v. 1717 Norfolk, LLC

• Court: Court of Appeals of Texas
• Decided: February 4, 2025
• Docket: 01-24-00692-CV
• Status: Published

Opinion

Opinion issued February 4, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00692-CV ——————————— JUAN DIAZ, Appellant V. 1717 NORFOLK, LLC, Appellee

On Appeal from the 11th District Court Harris County, Texas Trial Court Case No. 2024-08548

MEMORANDUM OPINION

Appellant Juan Diaz appeals from a judgment signed on July 12, 2024,

granting appellee’s plea to the jurisdiction/motion to dismiss. 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 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. 24-9047 (Tex. Sept. 1, 2024).

The Court issued a notice on October 9, 2024 that the appeal might be subject

to appeal unless the filing fee was paid. The Court’s notice advised that, unless

appellant paid the filing fee by November 8, 2024, the appeal might be dismissed.

See TEX. R. APP. P. 5 (allowing enforcement of rule requiring payment of fees). No

response was received.

The Court also issued a notice on November 13, 2024, advising appellant 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

December 13, 2024 showing 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.

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 Rivas-Molloy, Johnson, and Dokupil.