Kevin M. Prendergast v. Yellow Book Sales and Distribution Co

• Court: Court of Appeals of Texas
• Decided: September 23, 2014
• Docket: 01-14-00348-CV
• Status: Published

Opinion

Opinion issued September 23, 2014

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-14-00348-CV ——————————— KEVIN M. PRENDERGAST, Appellant V. YELLOW BOOK SALES AND DISTRIBUTION CO., Appellee

On Appeal from the 405th District Court Galveston County, Texas Trial Court Cause No. 12-CV-0511

MEMORANDUM OPINION

Appellant, Kevin Prendergast, has neither paid the required fees nor

established indigence for purposes of appellate costs. See TEX. R. APP. P. 5, 20.1;

see also TEX. GOV’T CODE ANN. §§ 51.207, 51.941(a), 101.041 (West 2013);

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).

Further, Prendergast has not paid or made arrangements to pay the fee for

preparing the clerk’s record. See TEX. R. APP. P. 37.3(b), (c). After being notified

that this appeal was subject to dismissal, appellant did not adequately respond. See

TEX. R. APP. P. 5; 42.3(b), (c).

We dismiss the appeal for nonpayment of all required fees and for want of

prosecution. We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Massengale, Brown, and Huddle.