Noshiravan Sobhani v. JH Family Trust

• Court: Court of Appeals of Texas
• Decided: June 6, 2024
• Docket: 01-23-00561-CV
• Status: Published

Opinion

Opinion issued June 6, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00561-CV ——————————— NOSHIRAVAN SOBHANI, Appellant V. HOUSTON ANCHOR, LLC, JH FAMILY TRUST, JOBY HARDWICK, JOHNNIE MOORE, AND KATHALEEN MOORE, Appellees

On Appeal from the 61st District Court Harris County, Texas Trial Court Case No. 2016-34382

MEMORANDUM OPINION

Appellant, Noshiravan Sobhani, 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 August 24, 2023, appellant was notified that this appeal

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

established, by September 8, 2022. See TEX. R. APP. P. 42.3(b), (c). Appellant did

not adequately respond.

Further, appellant has failed to timely file a brief. See TEX. R. APP. P. 38.6(a)

(governing time to file brief). Appellant filed a notice of appeal from the trial court’s

May 5, 2023 final judgment. On August 4, 2023, the court reporter notified the

Court that no record was taken in this case. The clerk’s record was filed on October

24, 2023. Accordingly, appellant’s brief was due to be filed on or before November

27, 2023. See TEX. R. APP. P. 38.6(a).

Appellant did not file an appellant’s brief by that deadline. On December 28,

2023, the Clerk of this Court notified appellant that this appeal was subject to

dismissal unless a brief, or a motion to extend time to file a brief, was filed within

ten days of the notice. See TEX. R. APP. P. 38.8(a) (governing failure of appellant to

file brief), 42.3(b) (allowing involuntary dismissal of appeal for want of

prosecution), 42.3(c) (allowing involuntary dismissal of case for failure to comply

with notice from Clerk of Court). Despite the notice that this appeal was subject to

dismissal, appellant did not adequately respond.

2 Accordingly, we dismiss this appeal for nonpayment of all required fees and

want of prosecution. See TEX. R. APP. P. 5, 42.3(b), (c); 43.2(f). All pending

motions are dismissed as moot.

PER CURIAM

Panel consists of Justices Landau, Countiss, and Guerra.