Michael O. Whitmire v. Harris County

• Court: Court of Appeals of Texas
• Decided: September 26, 2017
• Docket: 01-17-00235-CV
• Status: Published

Opinion

Opinion issued September 26, 2017

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-17-00235-CV ——————————— MICHAEL O. WHITMIRE, Appellant V. HARRIS COUNTY, ET AL, Appellees

On Appeal from the 333rd District Court Harris County, Texas Trial Court Case No. 2015-03976

MEMORANDUM OPINION

Appellant, Michael O. Whitmire, 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, 51.208, 51.941(a) (West 2013), 101.041

(West Supp. 2016); Order, Fees Charged in the Supreme Court, in Civil Cases in the Courts of Appeals, and Before the Judicial Panel on Multi-District Litigation, Misc.

Docket No. 15-9158 (Tex. Aug. 28, 2015). Further, appellant has not paid or made

arrangements to pay the fee for preparing the clerk’s record. See TEX. R. APP. P.

37.3(b). After being notified that this appeal was subject to dismissal, appellant did

not adequately respond. See TEX. R. APP. P. 5, 37.3(b), 42.3(b), (c).

On August 16, 2017, appellees filed a motion to dismiss the appeal for want

of prosecution. See TEX. R. APP. P. 42.3. More than ten days have passed and

appellant has not responded to the motion to dismiss. We grant the motion and

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 Chief Justice Radack and Justices Keyes and Higley.