Opinion
14-23-00347-CV
08-17-2023
ASHA SHERESE HOLLOWAY, Appellant v. BMW FINANCIAL SERVICES NA, LLC, Appellee
On Appeal from the County Civil Court at Law No. 1 Harris County, Texas Trial Court Cause No. 1191887
Panel Consists of Justices Jewell, Spain, and Wilson.
ORDER
PER CURIAM
The notice of appeal in this case was filed May 15, 2023. To date, the appellate filing fee of $205.00 has not been paid by appellant. Moreover, the clerk responsible for preparing the record notified this court that appellant has not made payment for the record. No Statement of Inability to Afford Payment of Court Costs or other evidence that appellant has established indigence has been filed. See Tex. R. Civ. P. 145; Tex.R.App.P. 20.1. On May 31, 2023, this court notified appellant that the court may dismiss the appeal unless she paid the appellate filing fee, and this court further notified appellant on June 8, 2023 day that the appeal was subject to dismissal unless appellant made arrangements to pay for the record and provided proof of payment for the record. No response was filed to either notice. Therefore, the court issues the following order.
To the extent she does not establish indigence, appellant is ordered to demonstrate to this court within ten (10) days of the date of this order arrangements have been made to pay for the clerk's record. See Tex.R.App.P. 35.3(c). To the extent she does not establish indigence, appellant is further ordered to pay the appellate filing fee in the amount of $205.00 to the Clerk of this court within ten (10) days of the date of this order. If appellant fails to timely comply with these orders, the appeal will be subject to dismissal without further notice for want of prosecution. See Tex.R.App.P. 37.3(b), 42.3(b).
This court has already issued an order warning appellant, who has been proceeding pro se in this appeal, of the consequences of failing to make those payments. The order was mailed to the address appellant provided to the trial court, but it was returned with the notation that the order was not deliverable as addressed. That failure is attributable to appellant. Cf. Tex.R.App.P. 9.1(b) ("A party not represented by counsel must sign any document that the party files and give the party's mailing address ...."); Withrow v. Schou, 13 S.W.3d 37, 41 (Tex. App.- Houston [14th Dist.] 1999, pet. denied) (acknowledging parties have a duty to "keep the court and parties apprised of their correct and current address" for purposes of receiving notice).