Jorge Aguilar Zannata v. PH Quality Produce, LLC ( 2022 )

NUMBER 13-22-00274-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
JORGE AGUILAR ZANNATA, Appellant,
V.
PH QUALITY PRODUCE, LLC, Appellee.
On appeal from the County Court at Law No. 7
of Hidalgo County, Texas.
MEMORANDUM OPINION
Before Chief Justice Contreras and Justices Longoria and Tijerina
Memorandum Opinion by Justice Longoria
On June 15, 2022, appellant Jorge Aguilar Zannata filed a notice of appeal
regarding a final judgment rendered in favor of appellee PH Quality Produce, LLC. On
June 21, 222, the Clerk of this Court requested appellant to remit the $205.00 filing fee
for the appeal within ten days. See TEX. R. APP. P. 5 (“A party who is not excused by
statute or these rules from paying costs must pay—at the time an item is presented for
filing—whatever fees are required by statute or Supreme Court order. The appellate court
may enforce this rule by any order that is just.”); TEX. GOV'T CODE ANN. § 51.207
(delineating the required fees and costs in an appellate court). Appellant did not pay the
filing fee.
On July 14, 2022, the Clerk notified appellant that he was delinquent in paying the
filing fee for the appeal. The Clerk advised appellant that the appeal would be dismissed
if the filing fee was not paid within ten days. See id. R. 42.3(c). Appellant did not pay the
filing fee.
The Court, having examined and fully considered the notice of appeal and
subsequent events, is of the opinion that this appeal should be dismissed. This Court has
the authority to dismiss an appeal because the appellant has failed to comply with a
requirement of the appellate rules, a court order, or a notice from the clerk requiring a
response or other action within a specified time. See TEX. R. APP. P. 42.3(c); Smith v. DC
Civil Constr., LLC, 521 S.W.3d 75, 76 (Tex. App.—San Antonio 2017, no pet.). Here,
appellant has not paid the appellate filing fee or otherwise responded to the Clerk’s
directives. Accordingly, we dismiss this appeal. See TEX. R. APP. P. 42.3(c).
NORA L. LONGORIA
Justice
Delivered and filed on the
25th day of August, 2022.
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