Maria Perez v. Araceli Denova

• Court: Court of Appeals of Texas
• Decided: November 16, 2023
• Docket: 01-23-00543-CV
• Status: Published

Opinion

Opinion issued November 16, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00543-CV ——————————— MARIA PEREZ, Appellant V. ARACELI DENOVA, Appellee

On Appeal from the County Court at Law No. 2 Harris County, Texas Trial Court Case No. 1180961

MEMORANDUM OPINION

Appellant, Maria Perez, has neither paid the required fees nor established

indigence for purposes of costs. See TEX. R. CIV. P. 145; TEX. R. APP. P. 5, 20.1; see

also TEX. GOV’T CODE ANN. §§ 51.207, 51.208, 51.851(b), 51.941(a); Order, 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). On August 17, 2023, appellant was notified that this appeal was subject

to dismissal if appellate costs were not paid, or indigence was not established, by

September 18, 2023. See TEX. R. APP. P. 42.3(b), (c). Appellant did not adequately

respond.

Further, appellant has not paid or made arrangements to pay the fee for the

preparation of the clerk’s record. See TEX. R. APP. P. 37.3(b). On August 25, 2023,

appellant was notified that this appeal was subject to dismissal if appellant did not

submit written evidence that she had paid or made arrangements to pay the fee for

the preparation of the clerk’s record by September 25, 2023. See TEX. R. APP. P.

42.3(b), (c). Appellant did not adequately respond.

Accordingly, we dismiss the appeal for nonpayment of all required fees and

want of prosecution. See TEX. R. APP. P. 5, 42.3(b), (c), 43.2(f). We dismiss any

pending motions as moot.

PER CURIAM

Panel consists of Justices Goodman, Countiss, and Farris.