Charles Nelson v. Josh Vath and Janet Vath ( 2023 )

Opinion issued April 18, 2023
In The
Court of Appeals
For The
First District of Texas
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NO. 01-22-00888-CV
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CHARLES NELSON, Appellant
V.
JOSH VATH AND JANET VATH, Appellees
On Appeal from the County Court at Law No. 3
Galveston County, Texas
Trial Court Case No. CV-0087557
MEMORANDUM OPINION
This is an appeal from a judgment signed October 25, 2022. 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. Appellant failed to respond to our notices of December 22, 2022 (past
due filing fee) and December 27, 2022 (non-payment for the clerk’s record), that,
should appellant not pay the fee for the clerk’s record or the filing fee or establish
indigence, this appeal was subject to dismissal. 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). Appellant
has not responded to this Court’s notices.
We dismiss the appeal. We dismiss any pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Adams and Justices Kelly and Goodman.
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