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Jennifer Rivera v. Trivest Residential, L.L.C.

Citation: Not availableDocket: 01-04-00007-CV

Court: Court of Appeals of Texas; March 24, 2004; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Jennifer Rivera, the appellant, failed to establish indigence or pay the necessary fees for her appeal against Trivest Residential, L.L.C. The Texas Rules of Appellate Procedure require payment of fees in civil cases unless a party can prove indigence. Rivera was notified that her appeal could be dismissed due to nonpayment but did not respond adequately. Consequently, the Court of Appeals for the First District of Texas dismissed the appeal for nonpayment of required fees, and all pending motions were denied. The judgment was issued per curiam by Justices Nuchia, Jennings, and Hanks.

Legal Issues Addressed

Denial of Pending Motions

Application: All pending motions related to Rivera's appeal were denied following the dismissal for nonpayment.

Reasoning: Consequently, the Court of Appeals for the First District of Texas dismissed the appeal for nonpayment of required fees, and all pending motions were denied.

Dismissal for Nonpayment of Fees

Application: The Court dismissed Rivera's appeal due to her failure to pay the required fees or adequately respond to the notification regarding potential dismissal.

Reasoning: Rivera was notified that her appeal could be dismissed due to nonpayment but did not respond adequately.

Indigence and Waiver of Fees

Application: The appellant did not establish indigence, which is required to waive payment of fees under the Texas Rules of Appellate Procedure.

Reasoning: The Texas Rules of Appellate Procedure require payment of fees in civil cases unless a party can prove indigence.

Payment of Fees in Civil Appeals

Application: The appellant, Jennifer Rivera, failed to pay the necessary fees for her appeal, resulting in dismissal.

Reasoning: Jennifer Rivera, the appellant, failed to establish indigence or pay the necessary fees for her appeal against Trivest Residential, L.L.C.