James Brandon Clinton v. Raphiza Louziero

Opinion

Opinion issued February 14, 2013

In The Court of Appeals For The First District of Texas

NO. 01-12-00737-CV

JAMES BRANDON CLINTON, Appellant

V.

RAPHIZA LOUZIERO, Appellee

On Appeal from the 310th District Court Harris County, Texas Trial Court Cause No. 2011-55986

MEMORANDUM OPINION

Appellant, James Brandon Clinton, 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 (Vernon Supp.

2012), § 51.941(a) (Vernon 2005), § 101.041 (Vernon 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 due on

August 27, 2012. After being notified that this appeal was subject to dismissal,

appellant did not respond. See TEX. R. APP. P. 5 (allowing enforcement of rule);

42.3(c) (allowing involuntary dismissal of case).

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.