Asha Sherese Holloway v. BMW Financial Services NA, LLC ( 2023 )

Appeal Dismissed and Memorandum Opinion filed August 31, 2023.
In The
Fourteenth Court of Appeals
NO. 14-23-00347-CV
ASHA SHERESE HOLLOWAY, Appellant
V.
BMW FINANCIAL SERVICES NA, LLC, Appellee
On Appeal from the County Civil Court at Law No. 1
Harris County, Texas
Trial Court Cause No. 1191887
MEMORANDUM OPINION
This appeal is from a final judgment signed on April 6, 2023. The notice of
appeal was filed May 15, 2023. To date, our records show that appellant has not
paid the appellate filing fee. See Tex. R. App. P. 5 (requiring payment of fees in
civil cases unless party is excused by statute or by appellate rules from paying costs).
Tex. Gov’t Code § 51.207 (appellate fees and costs). Moreover, no clerk’s record
has been filed. The clerk responsible for preparing the record in this appeal indicated
to the court appellant did not make arrangements to pay for the record.
On May 31, 2023, appellant was instructed to pay the appellate filing fee on
or before June 12, 2023 or the appeal would be subject to dismissal without further
notice. In addition, on June 8, 2023, notification was transmitted to appellant that
the appeal was subject to dismissal without further notice unless, within fifteen days,
appellant made arrangements to pay for the record and provided this court with proof
of payment. See Tex. R. App. P. 37.3(b). Appellant did not provide any response to
any of those notices.
On August 17, 2023, appellant was ordered to pay the filing fee and
demonstrate she had made arrangements to pay for the clerk’s record on or before
August 28, 2023. See Tex. R. App. P. 4.1(a). In the order, the court notified
appellant that failure to comply with either of those requirements would leave the
appeal subject to dismissal without further notice for want of prosecution.
Appellant has not paid the appellate filing fee, she has not provided this court
with proof of payment for the record, nor has she otherwise responded to the court’s
order. Accordingly, we dismiss the appeal. See Tex. R. App. P. 42.3(c) (allowing
involuntary dismissal of case because appellant has failed to comply with notice
from clerk requiring response or other action within specified time).
PER CURIAM
Panel consists of Justices Wise, Zimmerer, and Poissant.
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