Mikell Kelly v. JPMorgan Chase ( 2015 )

Dismissed and Opinion Filed November 30, 2015 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-01024-CV MIKELL KELLY, Appellant V. JPMORGAN CHASE, Appellee On Appeal from the County Court at Law No. 2 Dallas County, Texas Trial Court Cause No. CC-15-03540-B MEMORANDUM OPINION Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart Opinion by Chief Justice Wright The filing fee in this case is past due. By postcard dated August 26, 2015, we notified appellant the $195 filing fee was due. We directed appellant to remit the filing fee within ten days and expressly cautioned appellant that failure to do so would result in dismissal of the appeal. Also by postcard dated August 26, 2015, we notified appellant the docketing statement had not been filed in this case. We directed appellant to file the docketing statement within ten days. We cautioned appellant that failure to do so might result in dismissal of this appeal. By opinion dated September 16, 2015, the Court affirmed the trial court’s September 2, 2015 order sustaining the contest to appellant’s affidavit of indigency. Thereafter, appellant filed a self- executed promissory note in lieu of payment. Rule 5 of the rules of appellate procedure requires payment of the filing fee, not a promise to pay. See TEX. R. APP. P. 5 (party who is not excused by statute or rules must pay filing fees at time of filing). To date, appellant has not paid the filing fee, filed the docketing statement, nor responded to notifications regarding the reporter’s record. Accordingly, we dismiss this appeal. See TEX. R. APP. P. 37.3(b); 42.3(b), (c). /Carolyn Wright/ 151024F.P05 CAROLYN WRIGHT CHIEF JUSTICE –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT MIKELL KELLY, Appellant On Appeal from the County Court at Law No. 2, Dallas County, Texas No. 05-15-01024-CV V. Trial Court Cause No. CC-15-03540-B. Opinion delivered by Chief Justice Wright. JPMORGAN CHASE, Appellee Justices Lang-Miers and Stoddart participating. In accordance with this Court’s opinion of this date, this appeal is DISMISSED. It is ORDERED that appellee JPMORGAN CHASE recover its costs of this appeal from appellant MIKELL KELLY. Judgment entered November 30, 2015. –3–