Nahesi Parmes v. First Central Credit Union ( 2024 )

NUMBER 13-24-00027-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
NAHESI PARMES, Appellant,
v.
FIRST CENTRAL CREDIT UNION, Appellee.
On appeal from the County Court at Law No. 1
of McLennan County, Texas.
MEMORANDUM OPINION
Before Justices Benavides, Tijerina, and Silva
Memorandum Opinion by Justice Tijerina
On December 1, 2023, appellant Nahesi Parmes filed a pro se notice of appeal
from an order granting summary judgment in trial court cause number 20221073CV1.1
On December 1, 2023, the Clerk of the Court requested appellant to pay the $205.00
1 This case is before the Court on transfer from the Tenth Court of Appeals pursuant to a docket
equalization order issued by the Supreme Court of Texas. See TEX. GOV’T CODE ANN. § 73.001.
filing fee 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).
On December 21, 2023, the Clerk of the Court notified appellant that the filing fee
was past due and informed him that the appeal would be dismissed if the filing fee was
not paid. See id. R. 42.3(b), (c). On January 19, 2024, the Clerk again advised appellant
that the filing fee was past due and informed him that the appeal would be dismissed if
the filing fee was not paid. See id. R. 42.3(b), (c).
To date, appellant has neither paid the filing fee for the appeal nor responded to
the Clerk of the Court’s notices. 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
id. R. 42.3(b), (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 and has not
otherwise responded to the Clerk’s notices. Accordingly, we dismiss this appeal. See TEX.
R. APP. P. 42.3(b), (c).
JAIME TIJERINA
Justice
Delivered and filed on the
7th day of March, 2024.
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