Grayland Green Jr. v. Mortgage Electronic Registration Systems Inc.

• Court: Court of Appeals of Texas
• Decided: October 27, 2005
• Docket: 14-05-00217-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed October 27, 2005

Dismissed and Memorandum Opinion filed October 27, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-05-00217-CV

GRAYLAND GREEN, JR., Appellant

V.

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Appellee

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On Appeal from the County Civil Court at Law No. 3

Harris County, Texas

Trial Court Cause No. 827,142

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M E M O R A N D U M   O P I N I O N

This is an appeal from a judgment signed January 19, 2005.  The clerk=s record was filed on February 25, 2005.  On April 14, 2005, this court dismissed the appeal because appellant failed to pay the 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, Misc. Docket No. 98-9120 (Tex. Jul. 21, 1998) (listing fees in court of appeals); Tex. Gov=t Code Ann. ' 51.207 (Vernon Supp.2004-05) (same).  

On April 28, 2005, this court was notified that appellant had established indigence.  Accordingly, no appellate filing fee was owed, and the court withdrew its opinion and judgment of dismissal.  The court ordered the appeal reinstated and ordered the court reporter to file the record without charge to appellant.  The reporter=s record was filed on August 2, 2005.  Appellant=s brief was therefore due September 2, 2005.  No brief or motion for extension of time have been filed.  On September 29, 2005, this Court issued an order stating that unless appellant submitted his brief, together with a motion reasonably explaining why the brief was late, on or before October 14, 2005, the Court would dismiss the appeal for want of prosecution.  See Tex. R. App. P. 42.3(b).  Appellant filed no response.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed October 27, 2005.

Panel consists of Chief Justice Hedges and Justices Yates and Anderson.