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Mafrige v. Bichon Roofing & Gen. Contractors, Inc.

Court of Appeals of Texas, First District
Jul 9, 2024
No. 01-24-00188-CV (Tex. App. Jul. 9, 2024)

Opinion

01-24-00188-CV

07-09-2024

DON MAFRIGE, Appellant v. BICHON ROOFING & GENERAL CONTRACTORS, INC., AND JAMES DEAVER SERVICES INC., Appellees


On Appeal from the 56th District Court Galveston County, Texas Trial Court Case No. 21-CV-0386

Panel consists of Chief Justice Adams and Justices Kelly and Goodman.

MEMORANDUM OPINION

PER CURIAM

Appellant Don Mafrige appeals from a final judgment signed on February 26, 2024. Appellant has not paid for the clerk's record or the required filing fee and has not established indigence for purposes of appellate costs. See Tex. R. App. P. 5, 20.1 (indigence), 37.3(b) (allowing dismissal of appeal if no clerk's record filed due to appellant's fault); see also Tex. Gov't Code Ann. §§ 51.207, 51.208, 51.941(a), 101.041; Order Regarding Fees Charged in the Supreme Court, in Civil Cases in the Courts of Appeals, and Before the Judicial Panel on Multi-District Litigation, Misc. Docket No. 15-9158.

The Court issued a notice on March 29, 2024 that the appeal might be subject to dismissal unless the filing fee was paid by April 29, 2024. The fee was not paid and no response was received.

On April 26, 2024, the Court issued a notice advising appellant that unless appellant filed a response by May 28, 2024, establishing that he had paid for the clerk's record or that he was indigent and exempt from paying for the clerk's record, the appeal might be dismissed. See Tex. R. App. P. 5 (allowing enforcement of rule), 37.3(b) (allowing dismissal of appeal if no clerk's record filed due to appellant's fault), 42.3(c) (allowing involuntary dismissal of case). No response was received.

We dismiss the appeal for failure to pay fees and for want of prosecution. See Tex. R. App. P. 42.3(c), 43.2(f). We dismiss all pending motions as moot.


Summaries of

Mafrige v. Bichon Roofing & Gen. Contractors, Inc.

Court of Appeals of Texas, First District
Jul 9, 2024
No. 01-24-00188-CV (Tex. App. Jul. 9, 2024)
Case details for

Mafrige v. Bichon Roofing & Gen. Contractors, Inc.

Case Details

Full title:DON MAFRIGE, Appellant v. BICHON ROOFING & GENERAL CONTRACTORS, INC., AND…

Court:Court of Appeals of Texas, First District

Date published: Jul 9, 2024

Citations

No. 01-24-00188-CV (Tex. App. Jul. 9, 2024)