Udo Birnbaum v. CSD Van Zandt, LLC

• Court: Court of Appeals of Texas
• Decided: September 29, 2023
• Docket: 12-23-00238-CV
• Status: Published

Opinion

NO. 12-23-00238-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

UDO BIRNBAUM, § APPEAL FROM THE 294TH APPELLANT

V. § JUDICIAL DISTRICT COURT

CSD VAN ZANDT, LLC, APPELLEE § VAN ZANDT COUNTY, TEXAS

MEMORANDUM OPINION PER CURIAM

This appeal is being dismissed for failure 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(c). A party who is not excused by statute or the appellate rules from paying costs must pay-- at the time an item is presented for filing--whatever fees are required by statute or Texas Supreme Court order. TEX. R. APP. P. 5; see TEX. R. APP. P. 20.1. An appellate court may enforce Rule 5 by any order that is just. TEX. R. APP. P. 5. After giving ten days’ notice, an appellate court may dismiss an appeal because the appellant 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. TEX. R. APP. P. 42.3(c). On September 12, 2023, the Clerk of this Court notified Appellant, Udo Birnbaum, that the filing fee in this appeal is due and that the appeal would be subject to dismissal if the fee was not paid on or before September 22. The date for remitting the filing fee passed, and Appellant has not paid the fee or otherwise shown that he is excused from paying the fee. 1

1 The case information sheet from the Van Zandt County District Clerk’s Office reflects that Appellant was not declared indigent in the trial court. Because Appellant failed, after notice, to comply with Rule 5, the appeal is dismissed. See TEX. R. APP. P. 42.3(c).

Opinion September 29, 2023. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

2 COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

SEPTEMBER 29, 2023

UDO BIRNBAUM, Appellant V. CSD VAN ZANDT, LLC, Appellee

Appeal from the 294th District Court of Van Zandt County, Texas (Tr.Ct.No. 22-00105)

THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this Court that this appeal should be dismissed.

It is therefore ORDERED, ADJUDGED and DECREED by this Court that the appeal be, and the same is, hereby dismissed; and that this decision be certified to the court below for observance.

By per curiam opinion. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.