Sherelle Gibson v. CVII Shoreline, LLC D/B/A the Nine on Shoreline

• Court: Court of Appeals of Texas
• Decided: May 2, 2024
• Docket: 13-24-00089-CV
• Status: Published

Opinion

NUMBER 13-24-00089-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

SHERELLE GIBSON, Appellant,

v.

CVII SHORELINE, LLC D/B/A THE NINE ON SHORELINE, Appellee.

ON APPEAL FROM THE COUNTY COURT AT LAW NO. 2 OF TRAVIS COUNTY, TEXAS

MEMORANDUM OPINION

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

On December 14, 2023, appellant Sherelle Gibson filed a pro se notice of appeal

from a final judgment rendered against her in a forcible detainer lawsuit.1 On January 30,

2024, the Clerk of this Court notified appellant that her notice of appeal was defective and

1 This case is before the Court on transfer from the Third Court of Appeals in Austin pursuant to a

docket equalization order issued by the Supreme Court of Texas. See TEX. GOV’T CODE ANN. § 73.001. did not comply with Texas Rules of Appellate Procedure 9.1(b), 9.5, 25.1(d)(1), (2), (4),

and 25.1(e). See TEX. R. APP. P. 9.1(b), 9.5, 25.1(d)(1), (2), (4); 25.1(e). The Clerk also

directed appellant to pay the $205.00 filing fee for the notice of appeal within ten days.

See id. R. 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 February 13, 2024, the Clerk notified appellant by e-mail and regular mail that

she was delinquent in paying the filing fee for her notice of appeal and that the appeal

was subject to dismissal if the filing fee was not paid within ten days. See id. R. 42.3(b),

(c). To date, appellant has neither paid the filing fee nor corrected the defects in her notice

of appeal.

This Court has the authority to dismiss an appeal when 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 TEX. R. APP. P. 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 filed a corrected

notice of appeal. Accordingly, we dismiss this appeal. See TEX. R. APP. P. 42.3(b), (c).

JAIME TIJERINA Justice

Delivered and filed on the 2nd day of May, 2024.