Donnie Reum, Taunya McCaffety and Don McCaffety v. Memorial Hermann Hospital System--Appeal from 80th District Court of Harris County

Opinion issued November 29, 2007

In The

Court of Appeals

For The

First District of Texas

NO. 01-07-00457-CV

DONNIE REUM, TAUNYA MCCAFFERTY AND DON MCCAFFERTY, Appellants

V.

MEMORIAL HERMANN HOSPITAL SYSTEM, Appellee

On Appeal from the 80th District Court

Harris County, Texas

Trial Court Cause No. 2005-43550

MEMORANDUM OPINION Appellants Donnie Reum and Taunya McCafferty have neither established indigence, nor paid all the required fees. See Tex. R. App. P. 5 (requiring payment of fees in civil cases unless indigent), 20.1 (listing requirements for establishing indigence); see also Tex. Gov't Code Ann. 51.207, 51.941(a), 101.041 (Vernon 2006) (listing fees in court of appeals); Fees Civ. Cases B(1), (3) (listing fees in court of appeals). After being notified by our Clerk via notice letter dated October 10, 2007, that this appeal was subject to dismissal, appellants Donnie Reum and Taunya McCafferty did not adequately respond. See Tex. R. App. P. 5 (allowing enforcement of rule); 42.3(c) (allowing involuntary dismissal of case).

Accordingly, on November 15, 2007, we dismissed the appeals of Donnie Reum and Taunya McCafferty for nonpayment of all required fees, leaving pending the appeal of Don McCafferty.

In response to our Notice to Trial Court Clerk for Clerk's Record on Indigence, the district clerk has filed the "Court Ordered Pauper Clerk's Record." It shows that the trial court signed the order being appealed on February 28, 2007, denied a motion for new trial on May 4, 2007, and on June 8, 2007, signed an order sustaining the district clerk's contest to appellant Don McCafferty's May 30, 2007 filed affidavit of indigence. The trial court having found appellant Don McCafferty able to pay the costs of appeal, and appellant Don McCafferty having failed to respond to our court October 10, 2007 court fee past due notice letter, we dismiss the appeal in its entirety for want of prosecution. See Tex. R. App. P. 5 (allowing enforcement of rule); 42.3(c) (allowing involuntary dismissal of case).

PER CURIAM

Panel consists of Chief Justice Radack and Justices Alcala and Bland.