Ulises Martinez v. PCA Acquisitions V, LLC

Appeal Dismissed and Memorandum Opinion filed January 23, 2024.

In The

Fourteenth Court of Appeals

NO. 14-23-00773-CV

ULISES MARTINEZ, Appellant

V.

PCA ACQUISITIONS V, LLC, Appellee

On Appeal from the 333rd District Court
Harris County, Texas
Trial Court Cause No. 2021-38627

MEMORANDUM OPINION

This appeal is from a judgment signed October 5, 2023. The notice of appeal
was filed October 20, 2023. To date, our records show that appellant has not paid
the appellate filing fee. See Tex. R. App. P. 5 (requiring payment of fees in civil
cases unless party is excused by statute or by appellate rules from paying costs). Tex.
Gov’t Code § 51.207 (appellate fees and costs). Moreover, no clerk’s record has
been filed. The clerk responsible for preparing the record in this appeal informed the
court appellant had not paid for the record, and there is otherwise no indication
appellant has made arrangements to pay for the record.

On November 6, 2023, appellant was instructed to pay the appellate filing fee
on or before November 16, 2023 or the appeal would be subject to dismissal without
further notice. In addition, on December 5, 2023, notification was transmitted to
appellant that the appeal was subject to dismissal without further notice unless,
within fifteen days, appellant made arrangements to pay for the record and provided
this court with proof of payment. See Tex. R. App. P. 37.3(b). Appellant did not
provide any response to any of those notices.

On December 28, 2023, appellant was ordered to pay the filing fee and
demonstrate he had made arrangements to pay for the clerk’s record on or before
January 8, 2024. See Tex. R. App. P. 4.1(a). In the order, the court notified appellant
that failure to comply with either of those requirements would leave the appeal
subject to dismissal without further notice for want of prosecution.

Appellant has not paid the appellate filing fee, he has not provided this court
with proof of payment for the record, nor has he otherwise responded to the court’s
order. Accordingly, we dismiss the appeal. See Tex. R. App. P. 42.3(c) (allowing
involuntary dismissal of case because appellant has failed to comply with notice
from clerk requiring response or other action within specified time).

PER CURIAM

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

2