Nahesi Parmes v. First Central Credit Union

• Court: Court of Appeals of Texas
• Decided: March 7, 2024
• Docket: 13-24-00027-CV
• Status: Published

Opinion

NUMBER 13-24-00027-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

NAHESI PARMES, Appellant,

v.

FIRST CENTRAL CREDIT UNION, Appellee.

On appeal from the County Court at Law No. 1 of McLennan County, Texas.

MEMORANDUM OPINION Before Justices Benavides, Tijerina, and Silva Memorandum Opinion by Justice Tijerina

On December 1, 2023, appellant Nahesi Parmes filed a pro se notice of appeal

from an order granting summary judgment in trial court cause number 20221073CV1.1

On December 1, 2023, the Clerk of the Court requested appellant to pay the $205.00

1 This case is before the Court on transfer from the Tenth Court of Appeals pursuant to a docket

equalization order issued by the Supreme Court of Texas. See TEX. GOV’T CODE ANN. § 73.001. filing fee within ten days. See TEX. R. APP. P. 5 (“A party who is not excused by statute or

these rules from paying costs must pay—at the time an item is presented for filing—

whatever fees are required by statute or Supreme Court order. The appellate court may

enforce this rule by any order that is just.”); TEX. GOV’T CODE ANN. § 51.207 (delineating

the required fees and costs in an appellate court).

On December 21, 2023, the Clerk of the Court notified appellant that the filing fee

was past due and informed him that the appeal would be dismissed if the filing fee was

not paid. See id. R. 42.3(b), (c). On January 19, 2024, the Clerk again advised appellant

that the filing fee was past due and informed him that the appeal would be dismissed if

the filing fee was not paid. See id. R. 42.3(b), (c).

To date, appellant has neither paid the filing fee for the appeal nor responded to

the Clerk of the Court’s notices. This Court has the authority to dismiss an appeal because

the appellant has failed to comply with a requirement of the appellate rules, a court order,

or a notice from the clerk requiring a response or other action within a specified time. See

id. R. 42.3(b), (c); Smith v. DC Civil Constr., LLC, 521 S.W.3d 75, 76 (Tex. App.—San

Antonio 2017, no pet.). Here, appellant has not paid the appellate filing fee and has not

otherwise responded to the Clerk’s notices. Accordingly, we dismiss this appeal. See TEX.

R. APP. P. 42.3(b), (c).

JAIME TIJERINA Justice

Delivered and filed on the 7th day of March, 2024.