Ali Yazdchi, Appellant v. BBVA

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Court of Appeals of Texas, Houston (1st Dist.).

Ali Yazdchi, Appellant v. BBVA Compass Bank, Appellee

NO. 01–15–00969–CV

Decided: January 26, 2016

Panel consists of Justices Higley, Huddle, and Lloyd.

MEMORANDUM OPINION

Appellant, Ali Yazdchi, has neither paid the required fees nor established indigence for purposes of appellate costs.  See Tex. R. App. P. 5 (requiring payment of fees in civil cases unless indigent), 20.1 (listing requirements for establishing indigence);  see also Tex. Gov't Code Ann. § 51.207 (Vernon Supp.2011), § 51.941(a) (Vernon 2005), § 101.041 (Vernon Supp.2011) (listing fees in court of appeals);  Order Regarding Fees Charged in Civil Cases in the Supreme Court and the Courts of Appeals and Before the Judicial Panel on Multidistrict Litigation, Misc. Docket No. 07–9138 (Tex. Aug. 28, 2007), reprinted in Tex. R. App. P. app.  A § B(1) (listing fees in court of appeals).

On December 14, 2015, this Court notified appellant of the past due fee and advised him of the possibility of dismissal if he did not respond.  On December 29, 2015, appellee, BBVA Compass Bank, filed a motion to dismiss based on the nonpayment of fees.  After being notified that this appeal was subject to dismissal, appellant did not adequately respond.  See Tex. R. App. P. 5 (allowing enforcement of rule);  42.3(c) (allowing involuntary dismissal of case).

We dismiss the appeal for nonpayment of all required fees.  We dismiss any pending motions as moot.

PER CURIAM