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Thomas v. Van Nguyen

Court of Appeals of Texas, Ninth District, Beaumont
Sep 13, 2007
No. 09-07-233 CV (Tex. App. Sep. 13, 2007)

Opinion

No. 09-07-233 CV

Opinion Delivered September 13, 2007.

On Appeal from the 136th District Court, Jefferson County, Texas, Trial Cause No. D-174457.

Before McKEITHEN, C.J., GAULTNEY and HORTON, JJ.


MEMORANDUM OPINION


The trial court signed the judgment on March 29, 2007, and the appellate timetables were not extended by the timely filing of post-judgment motions. Notice of appeal was due to be filed on April 30, 2007. See Tex. R. App. P. 26.1. Dana Thomas filed notice of appeal on May 3, 2007. The appellant did not file an affidavit of inability to pay costs on appeal and has not asserted inability to pay as a reason for failing to pay the filing fee for the appeal. See Tex. R. App. P. 20.1.

On June 7, 2007, we notified the parties that the notice of appeal did not appear to have been timely filed and requested an explanation for the late filing of the notice of appeal. On July 23, 2007, we notified the parties that the filing fee for the appeal had not been paid and that the appeal would be dismissed unless the appellant paid the fee. The appellant did not reply to our correspondence.

The appellant did not request indigent status on appeal. Although warned that the appeal would be dismissed unless the appellant remitted the filing fee, Thomas failed to pay the filing fee for the appeal. The appellant failed to comply with a requirement of the Rules of Appellate Procedure and also failed to comply with a notice from the Clerk of the Court of Appeals. See Tex. R. App. P. 42.3(c). We dismiss the appeal.

APPEAL DISMISSED.


Summaries of

Thomas v. Van Nguyen

Court of Appeals of Texas, Ninth District, Beaumont
Sep 13, 2007
No. 09-07-233 CV (Tex. App. Sep. 13, 2007)
Case details for

Thomas v. Van Nguyen

Case Details

Full title:DANA THOMAS, Appellant v. TU VAN NGUYEN, INDIVIDUALLY AND d/b/a TVN WASH…

Court:Court of Appeals of Texas, Ninth District, Beaumont

Date published: Sep 13, 2007

Citations

No. 09-07-233 CV (Tex. App. Sep. 13, 2007)