Mi Song Yun v. Mohamed AKA Andrew Hajali

Opinion issued May 7, 2019
In The
Court of Appeals
For The
First District of Texas
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NO. 01-18-00961-CV
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MI SONG YUN, Appellant
V.
MOHAMED AKA ANDREW HAJALI, Appellee
On Appeal from the 310th District Court
Harris County, Texas
Trial Court Case No. 2014-27741
MEMORANDUM OPINION
Appellant, Mi Song Yun, 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 §§ 51.207, 51.941(a), 101.041; 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). Further, appellant has
not paid or made arrangements to pay the fee for preparing the clerk’s record. See
TEX. R. APP. P. 37.3(b).
This case was abated and remanded for the trial court to determine whether
appellant is indigent and entitled to proceed with this appeal without payment of
costs. The district court clerk subsequently filed a supplemental clerk’s record
containing an order from the trial court finding that appellant is not indigent.
Accordingly, our Court reinstated the appeal and ordered appellant to pay the
appellate filing fee and the fee for preparation of the clerk’s record within 30 days
or the appeal would be dismissed. See TEX. R. APP. P. 5, 37.3(b), 42.3(b), (c). After
appellant failed to pay the fees by the deadline established in our order, appellee
filed a motion to dismiss the appeal and, pursuant to Texas Rule of Appellate
Procedure 45, requests damages for the filing of a frivolous appeal. Appellant did
not adequately respond to our order or appellee’s motion to dismiss.
We dismiss the appeal for nonpayment of all required fees and for want of
prosecution. We deny appellee’s request for damages. We dismiss any other pending
motions as moot.
PER CURIAM
Panel consists of Justices Keyes, Higley, and Landau.
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