From Casetext: Smarter Legal Research

Burki v. Swati

Court of Appeals Ninth District of Texas at Beaumont
Jan 14, 2016
NO. 09-15-00415-CV (Tex. App. Jan. 14, 2016)

Opinion

NO. 09-15-00415-CV

01-14-2016

HUMAYUN K. BURKI, Appellant v. MOHAMMAD SWATI AND SWATI ENTERPRISES, Appellees


On Appeal from the 172nd District Court Jefferson County, Texas
Trial Cause No. E-195,905

MEMORANDUM OPINION

A notice of appeal was filed in this case on October 13, 2015, though without payment of costs. On October 21, 2015, we notified the parties that to proceed with the appeal without advance payment of costs, the appellant must file an affidavit of indigence. When no affidavit of indigence was filed, we notified the parties on November 18, 2015, that the appeal would be dismissed for want of prosecution unless the appellant remitted the filing fee and arrangements were made for filing the record or the appellant explained why additional time was needed to file the record. The appellant, Humayun K. Burki, did not respond to this Court's notices.

An appellant who wishes to proceed on appeal without payment of costs must file an affidavit of indigence. See Tex. R. App. P. 20.1(a)(2). An appeal may be dismissed if the appellant fails to comply with a requirement of the Texas Rules of Appellate Procedure or fails to respond to a notice from the Clerk of the Court requiring a response or other action within a specified time. See Tex. R. App. P. 42.3(c).

The appellant did not file an affidavit of indigence on appeal and has not shown that he is entitled to proceed without payment of costs. See generally Tex. R. App. P. 20.1. Additionally, he failed to comply with notices that required a response. See Tex. R. App. P. 42.3(c). We dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3.

APPEAL DISMISSED.

/s/_________

CHARLES KREGER

Justice Submitted on January 13, 2016
Opinion Delivered January 14, 2016 Before McKeithen, C.J., Kreger and Johnson, JJ.


Summaries of

Burki v. Swati

Court of Appeals Ninth District of Texas at Beaumont
Jan 14, 2016
NO. 09-15-00415-CV (Tex. App. Jan. 14, 2016)
Case details for

Burki v. Swati

Case Details

Full title:HUMAYUN K. BURKI, Appellant v. MOHAMMAD SWATI AND SWATI ENTERPRISES…

Court:Court of Appeals Ninth District of Texas at Beaumont

Date published: Jan 14, 2016

Citations

NO. 09-15-00415-CV (Tex. App. Jan. 14, 2016)