Chemeka Alexander and Janet Alexander v. Ryse Investments LLC

CourtListener 9987051Txctapp1427 giu 2024

Testo completo

Appeal Dismissed and Memorandum Opinion filed June 27, 2024.

In The

Fourteenth Court of Appeals

NO. 14-24-00326-CV

CHEMEKA ALEXANDER AND JANET ALEXANDER, Appellants

V.

RYSE INVESTMENTS LLC, Appellee

On Appeal from the County Civil Court at Law No. 4
Harris County, Texas
Trial Court Cause No. 1202745

MEMORANDUM OPINION

This appeal is from a judgment signed September 21, 2023. The notices of
appeal were filed April 25, 2024. To date, our records show that appellants have 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 Ann. § 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 appellants had not paid for the record, and there is otherwise no
indication appellants have made arrangements to pay for the record.

On May 6, 2024, notification was transmitted to appellants that the appeal was
subject to dismissal without further notice unless, within fifteen days, appellants
made arrangements to pay for the record and provided this court with proof of
payment. See Tex. R. App. P. 37.3(b). In addition, on May 15, 2024, appellants were
instructed to pay the appellate filing fee on or before May 28, 2024 or the appeal
would be subject to dismissal without further notice. Appellants did not provide any
response to any of those notices.

On June 4, 2024, appellants were ordered to pay the filing fee and demonstrate
they had made arrangements to pay for the clerk’s record on or before June 14, 2024.
See Tex. R. App. P. 4.1(a). In the order, the court notified appellants that failure to
comply with either of those requirements would leave the appeal subject to dismissal
without further notice for want of prosecution.

Appellants have not paid the appellate filing fee, they have not provided this
court with proof of payment for the record, nor have they 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 Justices Jewell, Zimmerer, and Hassan.

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