Littman Studio, LLC v. Weinritter St. Paul Square, LLC ( 2023 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-23-00611-CV
LITTMAN STUDIO, LLC,
Appellant
v.
WEINRITTER ST. PAUL SQUARE, LLC,
Appellee
From the 408th Judicial District Court, Bexar County, Texas
Trial Court No. 2021-CI-19896
Honorable Nicole Garza, Judge Presiding
PER CURIAM
Sitting: Luz Elena D. Chapa, Justice
Irene Rios Justice
Beth Watkins, Justice
Delivered and Filed: August 23, 2023
DISMISSED FOR WANT OF PROSECUTION
On June 22, 2023, Appellant Littman Studio, LLC filed a notice of appeal challenging the
trial court’s June 16, 2023 order. When appellant filed the notice of appeal, it was required to pay
a $205.00 filing fee. See TEX. R. APP. P. 5. However, appellant did not pay the filing fee, and we
notified appellant in writing the notice of appeal had been conditionally filed because the $205.00
filing fee had not been paid. We instructed appellant to pay the fee by July 6, 2023 and cautioned
if the fee was not paid, the appeal was subject to being stricken by this court. The fee was not paid.
04-23-00611-CV
On July 18, 2023, we ordered appellant to either: (1) pay the filing fee; or (2) provide
written proof it was entitled to appeal without paying the $205.00 filing fee. We warned appellant
if it failed to respond within the time ordered, we would dismiss the appeal. See TEX. R. APP. P. 5,
42.3(c).
Appellant has not paid the filing fee or otherwise responded to our order. Accordingly, we
dismiss this appeal. See TEX. R. APP. P. 5, 42.3(c); Zayas v. Denson, No. 04-18-00373-CV, 2018
WL 3551193, at *1 (Tex. App.—San Antonio July 25, 2018, no pet.) (mem. op.) (dismissing
appeal for failure to pay filing fee).
PER CURIAM
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