Selina Rodriguez v. Edward Rodriguez

• Court: Court of Appeals of Texas
• Decided: August 6, 2024
• Docket: 01-24-00038-CV
• Status: Published

Opinion

Opinion issued August 6, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00038-CV ——————————— SELINA RODRIGUEZ, Appellant V. EDWARD RODRIGUEZ, Appellee

On Appeal from the 169th District Court Bell County, Texas1 Trial Court Case No. 296279

MEMORANDUM OPINION

1 Pursuant to its docket equalization authority, the Supreme Court of Texas transferred this appeal to this Court. See Misc. Docket No. 23–9109 (Tex. Dec. 21, 2023); see also TEX. GOV’T CODE ANN. § 73.001 (authorizing transfer of cases); TEX. R. APP. P. 41.3. Appellant, Selina Rodriguez, filed a notice of appeal from the trial court’s

December 12, 2023 final judgment. 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 February 27, 2024, appellant was notified that

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

was not established, by March 28, 2024. See TEX. R. APP. P. 42.3(b), (c). Appellant

did not adequately respond.

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 February 16,

2024, appellant was notified that this appeal was subject to dismissal if appellant did

not submit written evidence that she had paid or made arrangements to pay the fee

for the preparation of the clerk’s record by March 18, 2024. 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 and

want of prosecution. See TEX. R. APP. P. 5, 42.3(b), (c), 43.2(f). We dismiss any

pending motions as moot.

2 PER CURIAM

Panel consists of Justices Hightower, Rivas-Molloy, and Farris.