Court of Civil Appeals of Texas, 2024

Elvin Duntin v. AMH 2014-1 Borrower LLC

Elvin Duntin v. AMH 2014-1 Borrower LLC
Court of Civil Appeals of Texas · Decided August 13, 2024

Elvin Duntin v. AMH 2014-1 Borrower LLC

Opinion

Opinion issued August 13, 2024

In The Court of Appeals For The First District of Texas ———————————— NO. 01-24-00278-CV ——————————— ELVIN DUNTIN, Appellant V. AMH 2014-1 BORROWER, LLC, Appellee

On Appeal from the County Civil Court at Law No. 3 Harris County, Texas Trial Court Case No. 1219755

MEMORANDUM OPINION Appellant, Elvin Duntin, filed a notice of appeal from the trial court’s February 27, 2024 final judgment. Appellant 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, 51.208, 51.851(b), 51.941(a); Order, 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 (Tex. Aug. 28, 2015). On May 1, 2024, appellant was notified that this appeal was subject to dismissal if appellate costs were not paid, or indigence was not established, by May 31, 2024. See TEX. R. APP. P. 42.3(b), (c). Appellant did not adequately respond.

Further, appellant 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 April 30, 2024, appellant was notified that this appeal was subject to dismissal if appellant 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 May 30, 2024. See TEX. R. APP. P. 42.3(b), (c).

Appellant did not adequately respond.

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

PER CURIAM Panel consists of Justices Goodman, Guerra, and Farris.

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