Michele Testa, as the Administrator of the Estate of Donald Testa v. Wilmington Trust, N.A. as Trustee for Morgan Stanley Bank of America, Merrill Lynch Trust 2014-C-19, Commercial Mortgage Pass Through Certificates, Series 2014-C-19 ( 2023 )


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  • Opinion issued August 22, 2023
    In The
    Court of Appeals
    For The
    First District of Texas
    ————————————
    NO. 01-23-00438-CV
    ———————————
    MICHELE TESTA, AS ADMINISTRATOR OF THE ESTATE OF
    DONALD TESTA, Appellant
    V.
    WILMINGTON TRUST, N.A., AS TRUSTEE FOR MORGAN STANLEY
    BANK OF AMERICA, MERRILL LYNCH TRUST 2014-C19,
    COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES,
    SERIES 2014-C19, Appellee
    On Appeal from the 165th District Court
    Harris County, Texas
    Trial Court Case No. 2018-88854
    MEMORANDUM OPINION
    Appellant, Michele Testa, as administrator of the Estate of Donald Testa, has
    filed a notice of appeal from the trial court’s March 8, 2023 final judgment.
    Appellant has neither paid the required fees nor established indigence for purposes
    of appellate costs. See TEX. R. APP. P. 5, 20.1; see also TEX. GOV’T CODE ANN.
    §§ 51.207, 51.208, 51.851(b), 51.941(a); Order, 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). On July
    6, 2023, appellant was notified that this appeal was subject to dismissal if appellate
    costs were not paid, or indigence was not established, by August 7, 2023. See TEX.
    R. APP. P. 42.3(b), (c). Appellant did not adequately respond.
    Accordingly, we dismiss the appeal for nonpayment of all required fees. See
    TEX. R. APP. P. 42.3(b), (c), 43.2(f). We dismiss any pending motions as moot.
    PER CURIAM
    Panel consists of Chief Justice Adams and Justices Hightower and Countiss.
    2
    

Document Info

Docket Number: 01-23-00438-CV

Filed Date: 8/22/2023

Precedential Status: Precedential

Modified Date: 8/28/2023