Sigmah Home Health , Inc. v. Maxicare Therapeutic, LLC

• Court: Court of Appeals of Texas
• Decided: February 23, 2023
• Docket: 01-22-00592-CV
• Status: Published

Opinion

Opinion issued February 23, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-22-00592-CV ——————————— SIGMAH HOME HEALTH, INC., Appellant V. MAXICARE THERAPEUTIC, LLC, Appellee

On Appeal from the 434th District Court Fort Bend County, Texas Trial Court Case No. 21-DCV-284677

MEMORANDUM OPINION

Appellant, Sigmah Home Health, Inc., has neither paid the required fees nor

established indigence for purposes of costs. See TEX. R. CIV. P. 145; TEX. R. APP.

P. 5, 20.1; see also TEX. GOV’T CODE ANN. §§ 51.207, 51.208, 51.851(b), 51.941(a);

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). On September 12, 2022, appellant was notified that

this appeal was subject to dismissal if appellate costs were not paid, or indigence

was not established, by October 12, 2022. See TEX. R. APP. P. 42.3(b), (c).

Appellant did not adequately respond.

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

preparation of the clerk’s record. See TEX. R. APP. P. 37.3(b). On September 15,

2022, appellant was notified that this appeal was subject to dismissal if appellant did

not submit written evidence that they had paid or made arrangements to pay the fee

for the preparation of the clerk’s record by October 14, 2022. See TEX. R. APP. P.

42.3(b), (c). Appellant did not adequately respond.

Accordingly, we dismiss the appeal for nonpayment of all required fees and

want of prosecution. See TEX. R. APP. P. 42.3(b), (c), 43.2(f). We dismiss any

pending motions as moot.

PER CURIAM

Panel consists of Justices Landau, Countiss, and Guerra.