Kevin Powell, Appellant v. LLC

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

Kevin Powell, Appellant v. Daz Investments, LLC, Appellee

NO. 01–15–00894–CV

Decided: February 25, 2016

Panel consists of Chief Justice Radack and Justices Keyes and Higley.


Appellant, Kevin Powell, filed a notice of appeal in the trial court from the final judgment, signed on September 1, 2015, after filing a motion for new trial in this forcible detainer action.  See Tex. R. App. P. 26.1(a)(1).  However, appellant has neither paid the required filing fee nor established indigence for purposes of appellate costs.  See id. 5, 20.1;  see also Tex. Gov‘t Code Ann. §§ 51.207, 51.208, 51.941(a), 101.041(1) (West Supp.2015), § 101.0411 (West Supp.2015);  Order, 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 neither paid nor made arrangements to pay the fee for preparing the clerk's record.  See Tex. R. App. P. 37.3(b).  After being notified by the Clerk of this Court on November 10, 2015, and again on December 30, 2015, that this appeal was subject to dismissal for failure to pay the required fees, appellant did not timely respond.  See id. 5, 37.3(b), 42.3(c).

Accordingly, we dismiss the appeal for nonpayment of all required fees and for want of prosecution.  See Tex. R. App. P. 5, 37.3(b), 42.3(b), (c).  We dismiss any pending motions as moot.


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