Viorel P. Tudor v. Creative Management Co., PPM Towing and KTL Enterprises, Inc.

Opinion issued October 21, 2021

In The

Court of Appeals

For The

First District of Texas ————————————

NO. 01-21-00154-CV ———————————

VIOREL P. TUDOR, Appellant

V.

PPM TOWING, Appellee

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

Trial Court Case No. 1159921

MEMORANDUM OPINION

Appellant, Viorel P. Tudor, has neither paid the required fees nor established indigence for purposes of costs. See TEX. R. CIV. P. 145; TEX. R. APP. P. 5, 20.1; see also Tex. GOV’T CODE ANN. §§ 51.207, 51.851(b), 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. On April 16, 2021, Tudor was notified that this appeal was subject to dismissal if appellate costs were not paid, or indigence was not established, by May 17, 2021. See TEX. R. APP. P. 42.3(b), (c). Tudor did not adequately respond to the Court’s notice.

Further, Tudor has not paid or made arrangements to pay the fee for the preparation of the clerk’s record. See TEX. R. APP. P. 37.3(b). On June 24, 2021, Tudor was notified that this appeal was subject to dismissal if Tudor did not submit written evidence that he had paid or made arrangements to pay the fee for the preparation of the clerk’s record by July 26, 2021. See TEX. R. APP. P. 42.3(b), (c). Tudor did not adequately respond to the Court’s notice.

Accordingly, we dismiss the appeal for nonpayment of all required fees and for want of prosecution. See TEX. R. APP. P. 5, 37.3(b), 42.3(b), (c), 43.2(f). We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Kelly, Hightower, and Farris.