Dismissed and Opinion Filed November 30, 2015
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-01024-CV
MIKELL KELLY, Appellant
V.
JPMORGAN CHASE, Appellee
On Appeal from the County Court at Law No. 2
Dallas County, Texas
Trial Court Cause No. CC-15-03540-B
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart
Opinion by Chief Justice Wright
The filing fee in this case is past due. By postcard dated August 26, 2015, we notified
appellant the $195 filing fee was due. We directed appellant to remit the filing fee within ten
days and expressly cautioned appellant that failure to do so would result in dismissal of the
appeal. Also by postcard dated August 26, 2015, we notified appellant the docketing statement
had not been filed in this case. We directed appellant to file the docketing statement within ten
days. We cautioned appellant that failure to do so might result in dismissal of this appeal. By
opinion dated September 16, 2015, the Court affirmed the trial court’s September 2, 2015 order
sustaining the contest to appellant’s affidavit of indigency. Thereafter, appellant filed a self-
executed promissory note in lieu of payment. Rule 5 of the rules of appellate procedure requires
payment of the filing fee, not a promise to pay. See TEX. R. APP. P. 5 (party who is not excused
by statute or rules must pay filing fees at time of filing). To date, appellant has not paid the
filing fee, filed the docketing statement, nor responded to notifications regarding the reporter’s
record.
Accordingly, we dismiss this appeal. See TEX. R. APP. P. 37.3(b); 42.3(b), (c).
/Carolyn Wright/
151024F.P05 CAROLYN WRIGHT
CHIEF JUSTICE
–2–
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
MIKELL KELLY, Appellant On Appeal from the County Court at Law
No. 2, Dallas County, Texas
No. 05-15-01024-CV V. Trial Court Cause No. CC-15-03540-B.
Opinion delivered by Chief Justice Wright.
JPMORGAN CHASE, Appellee Justices Lang-Miers and Stoddart
participating.
In accordance with this Court’s opinion of this date, this appeal is DISMISSED.
It is ORDERED that appellee JPMORGAN CHASE recover its costs of this appeal from
appellant MIKELL KELLY.
Judgment entered November 30, 2015.
–3–