Stagecoach Cartage and Distribution, LLC v. Victor A. Ito

• Court: Court of Appeals of Texas
• Decided: October 20, 2023
• Docket: 08-23-00224-CV
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

STAGECOACH CARTAGE and § No. 08-23-00224-CV DISTRIBUTION, LLC, § Appeal from the Appellants, § 205th Judicial District Court v. § of El Paso County, Texas VICTOR A. ITO, § (TC# 2022-DCV-1021) Appellee.

MEMORANDUM OPINION

This appeal is before the Court on its own motion to determine whether it should be

dismissed. See TEX. R. APP. P. 42.3.

On September 25, 2023, the Clerk of this Court sent Appellant a letter requesting payment

of the required filing fee. See TEX. R. APP. P. 5 (requiring payment of fees in civil cases unless a

party is excused by statute or by an appellate rule from paying costs). The letter notified Appellant

that its appeal would be subject to dismissal on or after 20 days of the date of the notice if Appellant

failed to pay or failed to show it was excused from paying the required fee. See TEX. R. APP. P.

42.3 (c) (authorizing an appellate court to dismiss an appeal where an appellant fails to comply

with a notice from the clerk requiring a response or other action within a specified time). As of this date, which is more than 20 days after the date of the notice, Appellant has not

paid the filing fee or otherwise shown it is excused from paying the required fee. Accordingly, we

dismiss this appeal. See TEX. R. APP. P. 5, 43.3(c).

GINA M. PALAFOX, Justice

October 20, 2023

Before Rodriguez, C.J., Palafox, and Soto, JJ.