Opinion
01-24-00330-CV
09-12-2024
Deborah Durst v. City of Galveston
County Court at Law No. 3 of Galveston County No. CV-0091855
ORDER
Amparo Monique Guerra, Judge
Appellant, Deborah Durst, proceeding pro se, filed a notice from appeal from the trial court's March 20, 2024 final judgment. On August 6, 2024, this appeal was dismissed for want of prosecution based on appellant's (1) failure to pay the required appellate costs and fees, (2) failure to pay, or make arrangements to pay, the fee for the preparation of the clerk's record, and (3) failure to respond to notices from the Clerk of the Court. See Tex. R. Civ. P. 145; see also Tex. R. App. P. 5, 20.1, 42.3(b), (c), 43.2(f).
The Clerk of this Court notified appellant on May 22, 2024 that the clerk's record had not been filed because appellant had failed to pay, or make arrangements to pay, the fee for the preparation of the clerk's record. Appellant was directed to submit written evidence that appellant had paid, or made arrangements to pay, the fee for the preparation of the clerk's record no later than June 21, 2024, and that the failure to submit such evidence could result in the dismissal of the appeal. Additionally, on May 24, 2024, the Clerk of this Court notified appellant that the deadline to pay the appellate filing fee had expired, and that the failure to pay the fee on or before June 24, 2024 could result in dismissal of the appeal.
On August 21, 2024, appellant, through counsel, filed a "Motion for Rehearing." In her motion for rehearing, appellant stated that the failure to pay the required fees "was a mistake by the parties involved in direction of communication." The motion for rehearing stated that appellant, who filed her notice of appeal pro se, was notified directly regarding the failure to pay the required fees. However, appellant's counsel, who filed a notice of appearance on June 17, 2024, did not receive the Clerk's May 22, 2024 or May 24, 2024 notices regarding non-payment of the required fees.
Appellant's motion for rehearing stated that appellant is "able to pay the fees and shall pay on the same day as this filing," and requested that the Court grant her motion and reconsider its dismissal of the appeal. The Court's records reflect that on August 23, 2024, appellant paid the appellate filing fee. The Court's records do not however indicate whether appellant has made arrangements to pay the fee for the preparation of the clerk's record.
The Court requests a response from appellee, the City of Galveston, to the motion for rehearing, filed on August 21, 2024. See Tex. R. App. P. 49.2. Appellee's response, if any, is due within ten days of the date of this order.
It is so ORDERED.