MCJ Engines, LLC and Mohit Jagwani v. Robert Kearney

• Court: Court of Appeals of Texas
• Decided: July 11, 2023
• Docket: 01-23-00217-CV
• Status: Published

Opinion

Opinion issued July 11, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00217-CV ——————————— MCJ ENGINES, LLC AND MOHIT JAGWANI, Appellants V. ROBERT KEARNEY, Appellee

On Appeal from the 270th District Court Harris County, Texas Trial Court Case No. 2021-81114

MEMORANDUM OPINION

On June 9, 2023, appellee filed a motion to dismiss, asserting that

appellants, among other things had not paid this Court’s filing fee. We held this

motion for ten days to permit appellants the opportunity to respond, but they filed

no response. See TEX. R. APP. P. 10.3(a). Appellants have neither paid the required fees nor established indigence for

purposes of appellate costs. See TEX. R. APP. P. 5, 20.1; 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). Appellants failed to respond to our notice that, should appellants not pay

the fee or establish indigence, this appeal was subject to dismissal. See TEX. R.

APP. P. 5 (allowing enforcement of rule); 42.3(c) (allowing involuntary dismissal

of case).

Accordingly, we grant appellee’s motion and dismiss the appeal on the

ground that appellants have not paid the filing fee. We dismiss all other pending

motions as moot.

PER CURIAM Panel consists of Justices Kelly, Hightower, and Countiss.