Opinion
12-24-00321-CV
12-20-2024
DAVID W. JOHNSTONE, APPELLANT v. HOUSTON MENNONITE FELLOWSHIP CHURCH, INC., ET AL, APPELLEES
APPEAL FROM THE 294TH JUDICIAL DISTRICT COURT VAN ZANDT COUNTY, TEXAS (Tr. Ct. No. 23-00154)
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
MEMORANDUM OPINION
PER CURIAM
This appeal is being dismissed for failure to comply with a requirement of the appellate rules, a court order, or a notice from the clerk requiring a response or other action within a specified time. See TEX. R. APP. P. 42.3(c).
Appellant is acting pro se in this appeal. Pro se litigants are held to the same standards as licensed attorneys and must comply with all applicable rules of procedure; otherwise, pro se litigants would benefit from an unfair advantage over parties represented by counsel. Muhammed v. Plains Pipeline, L.P., No. 12-16-00189-CV, 2017 WL 2665180, at *2 n.3 (Tex. App.-Tyler June 21, 2017, no pet.) (mem. op.).
A party who is not excused by statute or the appellate rules from paying costs must pay--at the time an item is presented for filing--whatever fees are required by statute or Texas Supreme Court order. TEX. R. APP. P. 5; see TEX. R. APP. P. 20.1. An appellate court may enforce Rule 5 by any order that is just. TEX. R. APP. P. 5. After giving ten days' notice, an appellate court may dismiss an appeal because the appellant failed to comply with a requirement of the appellate rules, a court order, or a notice from the clerk requiring a response or other action within a specified time. TEX. R. APP. P. 42.3(c).
On November 18, 2024, the Clerk of this Court notified Appellant, David Johnstone, that the filing fee in this appeal is due and that the appeal would be subject to dismissal if the fee was not paid on or before December 2. The date for remitting the filing fee passed, and Appellant has not paid the fee or otherwise shown that he is excused from paying the fee.
Appellant filed a motion to dismiss this appeal, alleging that his appeal should not have been docketed as a separate appeal, but should have been filed as a cross-appeal in an already pending appeal, cause number 12-24-00194-CV. The motion does not state that Appellant no longer desires to appeal. However, Appellant failed to pay the motions fee. Moreover, cause number 12-24-00194-CV has been disposed of and is no longer pending. Under these circumstances, we overrule the motion to dismiss.
Because Appellant failed, after notice, to comply with Rule 5, the appeal is dismissed. See TEX. R. APP. P. 42.3(c).
We also note that Appellant has not made payment arrangements with the Van Zandt County District Clerk for preparation of the clerk's record. See TEX. R. APP. P. 35.3(a)(2) (party responsible for paying for clerk's record). Nor has he corrected defects in his notice of appeal. See TEX. R. APP. P. 25.1(d)(7) (contents of notice, restricted appeal).
JUDGMENT
THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this Court that this appeal should be dismissed.
It is therefore ORDERED, ADJUDGED and DECREED by this Court that the appeal be, and the same is, hereby dismissed; and that this decision be certified to the court below for observance.