Michael David Atkinson v. Yun Atkinson and Estar Realty ( 2024 )

Opinion issued February 27, 2024
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-23-00918-CV
———————————
MICHAEL DAVID ATKINSON, Appellant
V.
YUN ATKINSON AND ESTAR REALTY, LLC, Appellees
On Appeal from the 400th District Court
Fort Bend County, Texas
Trial Court Case No. 22-DCV-295417
MEMORANDUM OPINION
On December 8, 2023, appellant, Michael David Atkinson, filed a notice of
appeal, stating that he “inten[ded] to appeal the trial court’s judgment rendered on”
August 3, 2023. Appellant has neither paid the required fees nor established
indigence for purposes of costs. See TEX. R. CIV. P. 145; 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 January 5, 2024, appellant was notified that this appeal was subject
to dismissal if appellate costs were not paid, or indigence was not established, by
February 5, 2024. See TEX. R. APP. P. 42.3(b), (c). Appellant did not adequately
respond to the Court’s notice.
Further, appellant has not paid or made arrangements to pay the fee for the
preparation of the clerk’s record. See TEX. R. APP. P. 37.3(b). On January 8, 2024,
appellant was notified that this appeal was subject to dismissal if appellant did not
submit written evidence that he had paid or made arrangements to pay the fee for the
preparation of the clerk’s record by February 7, 2024. See TEX. R. APP. P. 42.3(b),
(c). Appellant did not adequately respond to the Court’s notice.
Accordingly, we dismiss the appeal for nonpayment of all required fees and
want of prosecution. See TEX. R. APP. P. 5, 42.3(b), (c), 43.2(f). We dismiss any
pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Adams and Justices Guerra and Farris.
2