Maria May v. Hydrochem Industrial Services

Opinion

Opinion issued June 6, 2013

In The Court of Appeals For The First District of Texas

NO. 01-11-00588-CV

MARIA MAY, Appellant

V.

HYDROCHEM INDUSTRIAL SERVICES, Appellee

On Appeal from the 405th District Court Franklin County, Texas Trial Court Cause No. 08CV1074

MEMORANDUM OPINION

Appellant, Maria May, 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 first due on July 28,

2011. On March 20, 2013, we issued an order directing appellant to pay the filing

fee within 10 days or the appeal would be dismissed. See TEX. R. APP. P. 5

(allowing enforcement of rule); 42.3(c) (allowing involuntary dismissal of case).

On April 12, 2013, we denied appellant’s motion for rehearing on the Court’s order

to pay the filing fee.

Because appellant still has not paid the filing fee, we dismiss the appeal for

want of prosecution. We dismiss any pending motions as moot.

Panel consists of Justices Chief Justice Radack and Justices Higley and Brown.