Michael David Atkinson v. Yun Atkinson and Estar Realty

• Court: Court of Appeals of Texas
• Decided: February 27, 2024
• Docket: 01-23-00918-CV
• Status: Published

Opinion

Opinion issued February 27, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00918-CV ——————————— MICHAEL DAVID ATKINSON, Appellant V. YUN ATKINSON AND ESTAR REALTY, LLC, Appellees

On Appeal from the 400th District Court Fort Bend County, Texas Trial Court Case No. 22-DCV-295417

MEMORANDUM OPINION

On December 8, 2023, appellant, Michael David Atkinson, filed a notice of

appeal, stating that he “inten[ded] to appeal the trial court’s judgment rendered on”

August 3, 2023. Appellant 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 January 5, 2024, appellant was notified that this appeal was subject

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

February 5, 2024. See TEX. R. APP. P. 42.3(b), (c). Appellant did not adequately

respond to the Court’s notice.

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 January 8, 2024,

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

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

preparation of the clerk’s record by February 7, 2024. See TEX. R. APP. P. 42.3(b),

(c). Appellant did not adequately respond to the Court’s notice.

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 Chief Justice Adams and Justices Guerra and Farris.