Earnest Taylor v. Kenwick Pines Homeowners Association--Appeal from Co Civil Ct at Law No 2 of Harris County
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Opinion issued October 7, 2010 In The Court of Appeals For The First District of Texas NO. 01 09 01068 CV EARNEST TAYLOR, Appellant V. KENWICK PINES HOMEOWNERS ASSOCIATION, Appellee On Appeal from the County Civil Court at Law No. 2 Harris County, Texas Trial Court Cause No. 938408 MEMORANDUM OPINION Appellant, Earnest Taylor, has failed to timely file a brief. See TEX. R. APP. P. 38.8(a) (failure of appellant to file brief). After being notified that this appeal was subject to dismissal, appellant did not adequately respond. See TEX. R. APP. P. 42.3(b) (allowing involuntary dismissal of case). Appellant, Earnest Taylor, has 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. ยงยง 51.207 (Vernon 2005), 51.208 (Vernon Supp. 2009); 51.941(a) (Vernon 2005), 101.041 (Vernon Supp. 2009) (listing fees in court of appeals); FEES CIV. CASES B(1), (3) (listing fees in court of appeals). After being notified that this appeal was subject to dismissal, appellant Earnest Taylor did not adequately respond. See TEX. R. APP. P. 5 (allowing enforcement of rule); 42.3(c) (allowing involuntary dismissal of case). The appeal is dismissed for want of prosecution for failure to timely file a brief and for nonpayment of all required fees. All pending motions are denied. PER CURIAM Panel consists of Chief Justice Radack and Justices Bland and Massengale. 2
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