Donald M. Holden v. John C. Osborne and the Law Offices of John C. Osborne

Court of Appeals of Texas·Decided February 9, 2012·No. 14-11-01045-CV·Published

Opinion

Dismissed and Memorandum Opinion filed February 9, 2012.

In The

Fourteenth Court of Appeals

NO. 14-11-01045-CV

DONALD M. HOLDEN, Appellant

V.

JOHN C. OSBORNE AND

THE LAW OFFICES OF JOHN C. OSBORNE, Appellees

On Appeal from the 80th District Court Harris County, Texas

Trial Court Cause No. 2009-02891

MEMORANDUM OPINION

This is a cross-appeal from a judgment signed August 25, 2011. The notice of cross-appeal was filed on November 30, 2011. To date, our records show that appellant has neither established indigence nor paid the $175.00 appellate filing fee. See Tex. R. App. P. 5 (requiring payment of fees in civil cases unless indigent); Tex. R. App. P. 20.1 (listing requirements for establishing indigence); see also Order Regarding Fees Charged in Civil Cases in the Supreme Court and the Courts of Appeals and Before the Judicial Panel on

Multidistrict Litigation, Misc. Docket No. 07-9138 (Tex. Aug. 28, 2007) (listing fees in court of appeals); Tex. Gov’t Code Ann. § 51.207 (Vernon 2005) (same).

On January 12, 2012, this court ordered appellant to pay the appellate filing fee on or before January 23, 2012, or the cross-appeal would be dismissed. The appellate filing fee has not been paid. Accordingly, the cross-appeal is ordered dismissed. See Tex. R. App. P. 42.3(c) (allowing involuntary dismissal of case because appellant has failed to comply with notice from clerk requiring response or other action within specified time).

PER CURIAM

Panel consists of Chief Justice Hedges, Justices Jamison and McCally.

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