Opinion
NO. 14-21-00092-CV
05-18-2021
UMESH BHATIA, Appellant v. AMERICAN EXPRESS NATIONAL BANK, Appellee
On Appeal from County Civil Court at Law No. 2 Harris County, Texas
Trial Court Cause No. 1159992
MEMORANDUM OPINION
This is an appeal from a judgment signed January 15, 2021. The notice of appeal was due February 15, 2021. See Tex. R. App. P. 26.1. Appellant, however, filed the notice of appeal on February 22, 2021, a date within 15 days of the due date for the notice of appeal. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Appellant did not file a motion to extend time to file the notice of appeal.
On April 13, 2021, we ordered appellant to file a proper motion to extend time to file the notice of appeal on or before April 23, 2021. See Tex. R. App. P. 26.3, 10.5(b). Appellant did not file such a motion.
Further, our records show appellant has not paid the appellate filing fee, and no evidence that appellant is excused from paying costs has been filed. See Tex. R. App. P. 5 (requiring payment of fees in civil cases unless party is excused by statute or by appellate rules from paying costs). On April 1, 2021, this court ordered appellant to pay the appellate filing fee by April 12, 2021, or the appeal would be dismissed. The filing fee has not been paid.
Therefore, the appeal is dismissed.
PER CURIAM Panel consists of Justices Wise, Zimmerer, and Poissant.