Michael J. Robinson v. Wells Fargo Bank, N.A.

Summary

The Tenth Court of Appeals of Texas dismissed Michael J. Robinson’s appeal from a final judgment because he did not pay the filing fee or submit the required docketing statement. The court had provided notice and opportunities to cure both deficiencies, but Robinson neither complied nor requested an extension. The dismissal was issued under Texas Rules of Appellate Procedure 5, 32.1, and 42.3(c).

Holdings

1. An appeal may be dismissed when, after notice and an opportunity to cure, the appellant neither pays the required filing fee nor files the required docketing statement and does not request an extension.

Questions Presented

1. Whether the court of appeals should dismiss the appeal when the appellant failed to pay the filing fee and failed to file the required docketing statement after notice and an opportunity to cure.

Disposition

dismissed