Esther J. Damlarkaya v. Memorial Hermann Hospital System

Opinion

Opinion issued April 11, 2013

In The Court of Appeals For The First District of Texas

NO. 01-12-00414-CV

ESTHER J. DAMLARKAYA, Appellant

V.

MEMORIAL HERMANN HOSPITAL SYSTEM, Appellee

On Appeal from the County Civil Court at Law No. 3 Harris County, Texas Trial Court Cause No. 999747

MEMORANDUM OPINION

Appellant Esther J. Damlarkaya has neither paid the required filing fee for

this appeal nor established indigence for purposes of appellate costs. See TEX. R.

APP. P. 5 (“A party who is not excused by statute or these rules from paying costs

must pay—at the time an item is presented for filing—whatever fees are required by statute or Supreme Court order.”), 20.1 (listing requirements for establishing

indigence); see also TEX. GOV’T CODE ANN. § 51.207 (West Supp. 2012),

§.51.941(a) (West 2005), § 101.041 (West Supp. 2012) (listing fees in court of

appeals); 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), reprinted in TEX. R. APP. P. app.

A § B(1) (listing fees in court of appeals). The filing fee was initially due on May

17, 2012. On March 8, 2013, the Court notified appellant that she had not

established indigence and that the appeal was subject to dismissal unless the filing

fee was paid within 10 days. See TEX. R. APP. P. 5 (allowing enforcement of rule);

42.3 (allowing involuntary dismissal of appeal). Appellant did not respond.

Accordingly, we dismiss the appeal for want of prosecution. We dismiss

any pending motions as moot.

PER CURIAM

Panel consists of Justices Jennings, Bland, and Massengale.