Stacy Darnell Carter v. Shell Federal Credit Union

Appeal Dismissed and Memorandum Opinion filed January 4, 2024.

In The

Fourteenth Court of Appeals

NO. 14-23-00845-CV

STACY DARNELL CARTER, Appellant

V.

SHELL FEDERAL CREDIT UNION, Appellee

On Appeal from the County Civil Court at Law No. 1
Harris County, Texas
Trial Court Cause No. 1201091

MEMORANDUM OPINION

This appeal is from a judgment signed September 21, 2023. The notice of
appeal was filed November 3, 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 informed
the court appellant had not paid for the record, and there is otherwise no indication
appellant has made arrangements to pay for the record.

On November 21, 2023, appellant was instructed to pay the appellate filing
fee on or before December 1, 2023 or the appeal would be subject to dismissal
without further notice. In addition, on November 22, 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 December 12, 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
December 22, 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 Hassan, Poissant, and Wilson.

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