Mesa D Corp v. Fulfillsource, LLC D/B/A Crewback

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

§ MESA D CORP, No. 08-24-00316-CV § Appellant, Appeal from the § v. 346th Judicial District Court § FULFILLSOURCE, LLC d/b/a of El Paso County, Texas CREWBACK, § (TC# 2023DCV2634) Appellee. §

MEMORANDUM OPINION This appeal is before the Court on its own motion to determine whether it should be dismissed. See Tex. R. App. P. 42.3.

Appellant did not pay the required filing fee upon filing its notice of appeal. On August 16, 2024, the Clerk of this Court sent Appellant a letter requesting payment of the same. See Tex. R. App. P. 5 (requiring payment of fees in civil cases unless a party is excused by statute or by appellate rule from paying costs). The letter notified Appellant that the appeal would be subject to dismissal on or after September 5, 2024, if Appellant failed to pay the filing fee or failed to show an excuse for nonpayment. See Tex. R. App. P. 42.3(c) (authorizing an appellate court to dismiss an appeal where an appellant fails to comply with a notice from the clerk requiring a response or other action within a specified time).

As of this date, Appellant has neither paid the filing fee nor shown an excuse for nonpayment. Accordingly, we dismiss this appeal. See Tex. R. App. P. 5, 42.3(c).

LISA J. SOTO, Justice September 13, 2024 Before Alley, C.J., Palafox and Soto, JJ.