Mark Blaylock v. Katie Sleph

• Court: Court of Appeals of Texas
• Decided: January 25, 2024
• Docket: 01-23-00730-CV
• Status: Published

Opinion

Opinion issued January 25, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00730-CV ——————————— MARK BLAYLOCK, Appellant V. KATIE SLEPH, Appellee

On Appeal from the County Civil Court at Law No. 3 Harris County, Texas Trial Court Case No. 1202809

MEMORANDUM OPINION

Appellant, Mark Blaylock, appeals from a final judgment signed on July 3,

2023. 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 §§ 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 (Tex. Aug. 28, 2015).

The Court issued a notice on November 2, 2023 that the appeal might be

subject to dismissal unless the filing fee was paid by December 4, 2023. The fee

was not paid and no response was received.

On November 7, 2023, the Court issued a notice advising appellant that

unless appellant filed a response by December 7, 2023, establishing that he had

paid for the clerk’s record or that he was indigent and exempt from paying for the

clerk’s record, the appeal might be dismissed. 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 Kelly, Hightower, and Guerra.