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Diogu v. Blair

State of Texas in the Fourteenth Court of Appeals
Apr 28, 2015
NO. 14-15-00169-CV (Tex. App. Apr. 28, 2015)

Opinion

NO. 14-15-00169-CV

04-28-2015

DIOGU KALU DIOGU II, Appellant v. LINEBARGER GOGGAN BLAIR & SAMPSON, FORT BEND COUNTY TAX ASSESSOR COLLECTOR, AND FORT BEND APPRAISAL DISTRICT, Appellees


On Appeal from the 240th District Court Fort Bend County, Texas
Trial Court Cause No. 13-DCV-203712

MEMORANDUM OPINION

On February 27, 2015, Diogu Kalu Diogu II filed a notice of appeal from an order signed on or about January 22, 2015, denying the application filed by plaintiffs, Mary Shavers, et al., to release funds. To date, our records show that appellant has neither established indigence nor paid the $195.00 appellate filing fee. See Tex. R. App. P. 5 (requiring payment of fees in civil cases unless indigent); see also Order Regarding Fees Charged in Civil Cases in the Supreme Court and the Courts of Appeals and Before the Judicial Panel on Multidistrict Litigation, Misc. Docket No. 13-9127 (Tex. Aug. 16, 2013) (listing fees in court of appeals); Tex. Gov't Code § 51.207 (same).

The notice of appeal states that Diogu Kalu Diogu II, counsel for the plaintiffs below, is the appellant. Without a record from the trial court, we cannot determine whether it was intended for the plaintiffs below, Mary Shavers, et al., to appeal.

On March 17, 2015, this court notified appellant that the filing fee was past due and the appeal was subject to dismissal unless the fee were paid February 12, 2015. No response was filed.

In addition, no clerk's record has been filed in this appeal. On March 27, 2015, the clerk responsible for preparing the record in this appeal informed the court that appellant did not make arrangements to pay for the record.

On March 30, 2015, notification was transmitted to all parties of the court's intention to dismiss the appeal for want of prosecution unless, within fifteen days, appellant paid or made arrangements to pay for the record and provided this court with proof of payment. See Tex. R. App. P. 37.3(b). Appellant has not provided this court with proof of payment for the record or filed any other response to this court's notice.

Accordingly, the appeal is ordered dismissed.

PER CURIAM Panel consists of Justices Christopher, Brown, and Wise.


Summaries of

Diogu v. Blair

State of Texas in the Fourteenth Court of Appeals
Apr 28, 2015
NO. 14-15-00169-CV (Tex. App. Apr. 28, 2015)
Case details for

Diogu v. Blair

Case Details

Full title:DIOGU KALU DIOGU II, Appellant v. LINEBARGER GOGGAN BLAIR & SAMPSON, FORT…

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Apr 28, 2015

Citations

NO. 14-15-00169-CV (Tex. App. Apr. 28, 2015)