Summary
The Fourteenth Court of Appeals of Texas dismissed David Perez’s civil appeal for failure to pay the appellate filing fee or establish indigence after receiving notice and an opportunity to comply. The court relied on Texas Rules of Appellate Procedure 5, 20.1, and 42.3(c).
Topics
Practice areas
Questions Presented
- Whether the appeal should be dismissed because the appellant failed to pay the required appellate filing fee or establish indigence after notice and an order requiring compliance.
Holdings
- An appeal may be involuntarily dismissed when the appellant fails to pay the required appellate filing fee or establish indigence after receiving the required notice and an opportunity to comply.
Key quotations
“Accordingly, the appeal is ordered dismissed.”
Factual background
The appeal challenged a judgment signed by the 127th District Court of Harris County on December 17, 2007. After filing his notice of appeal, David Perez neither paid the $175 appellate filing fee nor established indigence. Despite receiving the required ten-days' notice and an appellate order directing compliance, he did not pay the fee or otherwise comply.
Procedural history
Perez filed a notice of appeal on January 9, 2008, from a judgment signed December 17, 2007. The appellate court determined that he had neither established indigence nor paid the $175 appellate filing fee, and after ten days' notice and an order requiring payment, he still failed to comply. The court dismissed the appeal.