Zachariah Dorsett v. Archstone Memorial Heights--Appeal from ... of Hartley County (original memorandum per curiam)
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Opinion issued August 9, 2012 In The Court of Appeals For The First District of Texas NO. 01B10B00848BCV ZACHARIAH DORSETT, Appellant V. ARCHSTONE MEMORIAL HEIGHTS, Appellee On Appeal from the County Civil Court at Law No. 1 Harris County, Texas Trial Court Cause No. 961349 MEMORANDUM OPINION Appellant, Zachariah Dorsett, 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. 2011), § 51.941(a) (Vernon 2005), § 101.041 (Vernon Supp. 2011) (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). On June 28, 2012, this Court ordered appellant to pay the filing fee by July 9, 2012, or the appeal would be dismissed. See TEX. R. APP. P. 5 (allowing enforcement of rule); 42.3(c) (allowing involuntary dismissal of case). After being ordered to pay the filing fee or face dismissal, appellant did not adequately respond. See TEX. R. APP. P. 5; 42.3(c). Appellant has also neither established indigence, nor paid, or made arrangements to pay, the fee for preparing the clerk s record. See TEX. R. APP. P. 20.1 (listing requirements for establishing indigence), 37.3(b) (allowing dismissal of appeal for want of prosecution if no clerk s record filed due to appellant s fault). On June 28, 2012, this Court ordered appellant to file proof that he had paid for or made arrangements to pay for the clerk s record, or face dismissal. Appellant did 2 not adequately respond. See TEX. R. APP. P. 42.3(b) (allowing involuntary dismissal for want of prosecution). We dismiss the appeal for failure to pay the filing fee and for want of prosecution. We dismiss all pending motions as moot. PER CURIAM Panel consists of Justices Higley, Sharp, and Huddle. 3
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