Evelyn Wyatt v. Cynthia M. Simon, Jerry L. Schutza, Jaikshin S. Bhagia and Nanik S. Bhagia

Court of Appeals of Texas·Decided February 25, 2016·No. 01-15-00497-CV·Published

Opinion

Opinion issued February 25, 2016

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-15-00497-CV ——————————— EVELYN WYATT, Appellant V. CYNTHIA M. SIMON, JERRY L. SCHUTZA, JAIKSHIN S. BHAGIA AND NANIK S. BHAGIA, Appellees

On Appeal from the 55th District Court Harris County, Texas Trial Court Cause No. 2014-59033

MEMORANDUM OPINION Appellant, Evelyn Wyatt, via counsel, timely filed a notice of appeal in the

trial court from the final judgment, signed on March 3, 2015, granting summary

judgment. See TEX. R. APP. P. 26.1(a)(1). However, appellant, now proceeding

pro se after her counsel’s motion to withdraw was granted by this Court, has neither paid nor made arrangements to pay the fee for preparing the clerk’s record.

See id. 37.3(b). After being notified by the Clerk of this Court on October 19,

2015, and again by this Court’s Order on January 12, 2016, that this appeal was

subject to dismissal for failure to pay the clerk’s record fee, appellant did not

timely respond. See id. 37.3(b), 42.3(b), (c).

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

for want of prosecution. See TEX. R. APP. P. 37.3(b), 42.3(b), (c). We dismiss any

pending motions as moot.

PER CURIAM Panel consists of Chief Justice Radack and Justices Keyes and Higley.

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Evelyn Wyatt v. Cynthia M. Simon, Jerry L. Schutza, Jaikshin S. Bhagia and Nanik S. Bhagia (Evelyn Wyatt v. Cynthia M. Simon, Jerry L. Schutza, Jaikshin S. Bhagia and Nanik S. Bhagia) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.