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Julius Mathias Junior v. Bankside Village Apts

Citation: Not availableDocket: 01-15-00093-CV

Court: Court of Appeals of Texas; May 7, 2015; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Julius Mathias Jr. appealed a decision against Bankside Village Apartments in the Court of Appeals for the First District of Texas. The court found that Mathias failed to demonstrate indigence or to pay the necessary fees for his appeal, including the preparation of the clerk’s record. Despite being notified that the appeal could be dismissed for these reasons, he did not respond adequately. Consequently, the court dismissed the appeal and ordered Mathias to pay all appellate costs. The judgment was rendered on May 7, 2015, by a panel of Justices Jennings, Higley, and Huddle.

Legal Issues Addressed

Assessment of Appellate Costs

Application: The court ordered Mathias to pay all appellate costs following the dismissal of his appeal.

Reasoning: Consequently, the court dismissed the appeal and ordered Mathias to pay all appellate costs.

Dismissal of Appeal for Failure to Demonstrate Indigence

Application: The court applied this principle by dismissing Mathias's appeal due to his failure to demonstrate indigence or pay the necessary fees for his appeal.

Reasoning: The court found that Mathias failed to demonstrate indigence or to pay the necessary fees for his appeal, including the preparation of the clerk’s record.

Notification Requirement for Potential Dismissal

Application: Mathias was notified that his appeal could be dismissed for failing to meet certain requirements, yet he did not respond adequately, leading to the dismissal of his appeal.

Reasoning: Despite being notified that the appeal could be dismissed for these reasons, he did not respond adequately.