Jaime Gilpatrick v. Jason Gokey and Alma Hill ( 2023 )

Opinion issued August 1, 2023
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-23-00227-CV
———————————
JAIME GILPATRICK, Appellant
V.
JASON GOKEY AND ALMA HILL, Appellees
On Appeal from the 306th District Court
Galveston County, Texas
Trial Court Case No. 08-FD-0452
MEMORANDUM OPINION
Appellant, Jaime Gilpatrick, appeals from a final judgment signed on
February 21, 2023. Appellant has not paid for the clerk’s record or the required
filing fee and has not established indigence for purposes of appellate costs. See TEX.
R. APP. P. 5, 20.1 (indigence), 37.3(b) (allowing dismissal of appeal if no clerk’s
record filed due to appellant’s fault); see also TEX. GOV’T CODE §§ 51.207, 51.208,
51.941(a), 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 (Tex. Aug. 28, 2015).
The Court issued a notice on April 18, 2023 (past due fee) that the appeal
might be subject to appeal unless the filing fee was paid. The Court also issued an
order on June 20, 2023, advising appellant that no evidence had been filed showing
that appellant was excused from paying costs and that, unless appellant paid the
filing fee within ten days, the appeal might be dismissed. See TEX. R. APP. P. 5
(allowing enforcement of rule), 37.3(b) (allowing dismissal of appeal if no clerk’s
record filed due to appellant’s fault), 42.3(c) (allowing involuntary dismissal of
case). No response was received.
The Court advised appellant on May 5, 2023 that the Court might dismiss the
appeal for failure to pay or make financial arrangements for the filing of the clerk’s
record unless appellant submitted written evidence by June 5, 2023 that he had paid
or made arrangements to pay for the clerk’s record. See TEX. R. APP. P. 5 (allowing
enforcement of rule), 37.3(b) (allowing dismissal of appeal if no clerk’s record filed
due to appellant’s fault), 42.3(c) (allowing involuntary dismissal of case). No
response was received.
2
We dismiss the appeal for want of prosecution. See TEX. R. APP. P. 42.3(c),
43.2(f). We dismiss all pending motions as moot.
PER CURIAM
Panel consists of Justices Kelly, Hightower, and Countiss.
3