Van N. Phan v. Carlton Chin

• Court: Court of Appeals of Texas
• Decided: June 22, 2023
• Docket: 01-23-00222-CV
• Status: Published

Opinion

Opinion issued June 22, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00222-CV ——————————— VAN N. PHAN, Appellant V. CARLTON CHIN, Appellee

On Appeal from the 333rd District Court Harris County, Texas Trial Court Case No. 2018-62434

MEMORANDUM OPINION

Appellant Van N. Phan 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 §§ 51.207, 51.208, 51.941(a), 101.041; 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).

Further, appellant has not paid or made arrangements to pay the fee for preparing

the clerk’s record. See TEX. R. APP. P. 37.3(b). After being notified that this appeal

was subject to dismissal, appellant did not adequately respond. See TEX. R. APP. P.

5, 37.3(b), 42.3(b), (c).

We therefore dismiss the appeal for nonpayment of all required fees and for

want of prosecution. TEX. R. APP. P. 42.3(b), (c). We dismiss any pending motions

as moot.

PER CURIAM Panel consists of Chief Justice Adams and Justices Guerra and Farris.