Tyrone Johnson v. Me Alpha II, LLC

Dismissed and Memorandum Opinion filed August 22, 2024

In The

Fourteenth Court of Appeals

NO. 14-24-00265-CV

TYRONE JOHNSON, Appellant
V.
ME ALPHA II, LLC, Appellee

On Appeal from the County Civil Court at Law No. 4
Harris County, Texas
Trial Court Cause No. 1216731

MEMORANDUM OPINION

This appeal is from a judgment signed March 6, 2024. No clerk’s record has
been filed. The clerk responsible for preparing the record in this appeal informed
the court appellant did not make arrangements to pay for the record. Appellant
filed a statement of inability to afford payment of court costs in this court and we
deemed appellant indigent for purposes of the appellate filing fee only. See Tex. R.
App. P. 20.1. We informed appellant that to obtain the clerk’s record without
payment of costs, a party must file a statement of inability to afford payment of
court costs in the trial court. See Tex. R. App. P. 145. Appellant has provided no
proof that he made arrangements to pay for the clerk’s record or has filed a
statement of inability to afford payment of court costs in the trial court pursuant to
Rule 145 of the Texas Rules of Civil Procedure.

On July 10, 2024, notification was transmitted to all parties of the court’s
intention to dismiss the appeal for want of prosecution unless, within fifteen days,
appellant paid or made arrangements to pay for the record and provided this court
with proof of payment. See Tex. R. App. P. 37.3(b). No response was filed. On
July 30, 2024, appellant was ordered to provide this court with proof of payment
for the record or proof that appellant filed a statement of inability to afford costs on
appeal in the trial court on or before August 9, 2024. See Tex. R. App. P. 35.3(c).
In the order, we notified appellant that failure to comply with the court’s order
would subject the appeal to dismissal without further notice. See Tex. R. App. P.
37.3(b). No response was filed.

Appellant has not provided this court with proof of payment for the record or
that appellant filed a statement of inability to afford costs on appeal in the trial
court. We dismiss the appeal.

PER CURIAM

Panel consists of Chief Justice Christopher and Justices Wise and Hassan.

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