Don Mafrige v. Bichon Roofing & General Contractors, Inc., and James Deaver Services Inc. ( 2024 )

Opinion issued July 9, 2024
In The
Court of Appeals
For The
First District of Texas
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NO. 01-24-00188-CV
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DON MAFRIGE, Appellant
V.
BICHON ROOFING & GENERAL CONTRACTORS, INC., AND JAMES
DEAVER SERVICES INC., Appellees
On Appeal from the 56th District Court
Galveston County, Texas
Trial Court Case No. 21-CV-0386
MEMORANDUM OPINION
Appellant Don Mafrige appeals from a final judgment signed on February
26, 2024. 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 ANN. §§ 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.
The Court issued a notice on March 29, 2024 that the appeal might be
subject to dismissal unless the filing fee was paid by April 29, 2024. The fee was
not paid and no response was received.
On April 26, 2024, the Court issued a notice advising appellant that unless
appellant filed a response by May 28, 2024, establishing that he had paid for the
clerk’s record or that he was indigent and exempt from paying for the clerk’s
record, 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.
We dismiss the appeal for failure to pay fees and 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 Chief Justice Adams and Justices Kelly and Goodman.
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