Paulino Avina v. Code Compliance, Austin Code, Code Enforcement, Austin Code Department, et al. Appeal from 98th District Court of Travis County (memorandum opinion)
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COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS Paulino Avina, § No. 08-22-00210-CV § Appeal from the v. § 98th Judicial District Court Code Compliance, Austin Code, Code Enforcement, Austin Code Department, et al., § of Travis County, Texas § (TC# D-1-GN-20-004830) Appellant, Appellees. MEMORANDUM OPINION This appeal is before the Court on its own motion to determine whether it should be dismissed for want of prosecution. See TEX. R. APP. P. 42.3. Finding that Appellant has not paid the $205 filing fee or shown he is excused from paying the filing fee, and further, that the clerk’s record has not been filed due to the fault of Appellant, we dismiss the appeal for want of prosecution.1 On October 27, 2022, the Clerk of this Court sent a letter requesting payment of the required $205 filing fee. The letter notified Appellant that, pursuant to Texas Rule of Appellate Procedure 42.3, failure to pay the filing fee within 20 days could result in dismissal of the appeal for want of prosecution or for failure to comply with the Clerk’s notice requiring a response or 1 We hear this case on transfer from the Third Court of Appeals in Austin. See TEX. R. APP. P. 41.3. action within a specified time. See TEX. R. APP. P. 42.3(b), (c) (authorizing appellate court to dismiss appeal for want of prosecution or where appellant fails to comply with a notice from the clerk requiring a response or other action within a specified time.). On November 7, 2022, Appellant filed a response notifying the Court that he did not intend to pay the required filing fee because the “money won’t be used to deliver justice.” On November 10, 2022, after the Travis County District Clerk notified the Court that Appellant had failed to make any arrangements to pay for the preparation of the clerk’s record, the Clerk of this Court sent a letter notifying Appellant that the Court intended to dismiss the appeal for want of prosecution unless Appellant responded within ten days and showed grounds for continuing the appeal. See TEX. R. APP. P. 37.3(b) (authorizing appellate court to dismiss appeal if no clerk’s record is prepared due to Appellant’s fault). As of this date, Appellant has not paid the filing fee or the cost for preparing the clerk’s record, nor has he otherwise shown he is excused from paying either. Accordingly, we dismiss this appeal for want of prosecution. See TEX. R. APP. P. 37.3(b) ; 42.3(b), (c). GINA M. PALAFOX, Justice December 9, 2022 Before Rodriguez, C.J., Palafox, and Alley, JJ. 2
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