Opinion
01-23-00918-CV
02-27-2024
MICHAEL DAVID ATKINSON, Appellant v. YUN ATKINSON AND ESTAR REALTY, LLC, Appellees
On Appeal from the 400th District Court Fort Bend County, Texas Trial Court Case No. 22-DCV-295417
Panel consists of Adams Chief Justice and Guerra and Farris Justices.
MEMORANDUM OPINION
PER CURIAM
On December 8, 2023, appellant, Michael David Atkinson, filed a notice of appeal, stating that he "inten[ded] to appeal the trial court's judgment rendered on" August 3, 2023. 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 January 5, 2024, appellant was notified that this appeal was subject to dismissal if appellate costs were not paid, or indigence was not established, by February 5, 2024. See Tex. R. App. P. 42.3(b), (c). Appellant did not adequately respond to the Court's notice.
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 January 8, 2024, appellant was notified that this appeal was subject to dismissal if appellant did not submit written evidence that he had paid or made arrangements to pay the fee for the preparation of the clerk's record by February 7, 2024. See Tex. R. App. P. 42.3(b), (c). Appellant did not adequately respond to the Court's notice.
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.