Michele Testa, as the Administrator of the Estate of Donald Testa v. Wilmington Trust, N.A. as Trustee for Morgan Stanley Bank of America, Merrill Lynch Trust 2014-C-19, Commercial Mortgage Pass Through Certificates, Series 2014-C-19

• Court: Court of Appeals of Texas
• Decided: August 22, 2023
• Docket: 01-23-00438-CV
• Status: Published

Opinion

Opinion issued August 22, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00438-CV ——————————— MICHELE TESTA, AS ADMINISTRATOR OF THE ESTATE OF DONALD TESTA, Appellant V. WILMINGTON TRUST, N.A., AS TRUSTEE FOR MORGAN STANLEY BANK OF AMERICA, MERRILL LYNCH TRUST 2014-C19, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2014-C19, Appellee

On Appeal from the 165th District Court Harris County, Texas Trial Court Case No. 2018-88854

MEMORANDUM OPINION

Appellant, Michele Testa, as administrator of the Estate of Donald Testa, has

filed a notice of appeal from the trial court’s March 8, 2023 final judgment. Appellant has 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 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 July

6, 2023, appellant was notified that this appeal was subject to dismissal if appellate

costs were not paid, or indigence was not established, by August 7, 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. See

TEX. R. APP. P. 42.3(b), (c), 43.2(f). We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Adams and Justices Hightower and Countiss.