Brittney Humphries v. Miranda Diaz and Melissa Salazar

• Court: Court of Appeals of Texas
• Decided: February 6, 2024
• Docket: 01-23-00764-CV
• Status: Published

Opinion

Opinion issued February 6, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00764-CV ——————————— BRITTNEY HUMPHRIES, Appellant V. MIRANDA DIAZ AND MELISSA SALAZAR, Appellees

On Appeal from the County Civil Court at Law No. 1 Harris County, Texas Trial Court Case No. 1202710

MEMORANDUM OPINION

Appellant, Brittney Humphries, has filed a notice of appeal from the trial

court’s September 25, 2023 order. Appellant has neither paid the required fees nor

established indigence for purposes of appellate costs. See TEX. R. APP. P. 5, 20.1;

see also TEX. GOV’T CODE ANN. §§ 51.207, 51.208, 51.851(b), 51.941(a); Order, Fees Charged in the Supreme Court, in Civil Cases in the Courts of Appeals, and

Before the Judicial Panel on Multi-District Litigation, Misc. Docket No. 15-9158

(Tex. Aug. 28, 2015). On November 9, 2023, appellant was notified that this appeal

was subject to dismissal if appellate costs were not paid, or indigence was not

established, by December 11, 2023. See TEX. R. APP. P. 42.3(b), (c). Appellant did

not adequately respond.

Further, appellant has failed to timely file her appellant’s brief. See TEX. R.

APP. P. 38.6(a) (governing time to file brief). The clerk’s record in this appeal was

filed on November 16, 2023, and on November 29, 2023, the court reporter notified

the Court that no record was taken. Accordingly, appellant’s brief was due to be

filed on or before December 29, 2023. See TEX. R. APP. P. 38.6(a). Appellant did

not file an appellant’s brief.

On January 17, 2024, the Clerk of this Court notified appellant that this appeal

was subject to dismissal unless a brief, or a motion to extend time to file a brief, was

filed within ten days of the notice. See TEX. R. APP. P. 38.8(a) (governing failure of

appellant to file brief), 42.3(b) (allowing involuntary dismissal of appeal for want of

prosecution), 42.3(c) (allowing involuntary dismissal of case for failure to comply

with notice from Clerk of Court). Despite the notice that this appeal was subject to

dismissal, appellant did not adequately respond to the January 17, 2024 notice.

2 Accordingly, we dismiss the appeal for nonpayment of all required fees and

for want of prosecution. See TEX. R. APP. P. 42.3(b), (c), 43.2(f). We dismiss any

pending motions as moot.

PER CURIAM

Panel consists of Justices Goodman, Countiss, and Farris.