Brian Brand, Bab Interests, LP and Bab Group Investments, LLC v. Ascentium Capital, LLC Appeal from 129th District Court of Harris County (memorandum opinion per curiam)
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Opinion issued May 3, 2018 In The Court of Appeals For The First District of Texas ———————————— NO. 01-17-00968-CV ——————————— BRIAN BRAND, BAB INTERESTS, LP AND BAB GROUP INVESTMENTS, LLC, Appellants V. ASCENTIUM CAPITAL, LLC, Appellee On Appeal from the 129th District Court Harris County, Texas Trial Court Cause No. 2017-62053 MEMORANDUM OPINION Appellants, Brian Brand, Bab Interests, LP and BAB Group Investments, LLC, have neither paid the required filing fee 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, 51.851(b), 51.941(a), 101.041(1) (West 2013); 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). Furthermore, appellants have neither paid nor made arrangements to pay the fee for preparing the clerk’s record. See TEX. R. APP. P. 37.3(b). After being notified by the Clerk of this Court on January 16, 2018, that this appeal was subject to dismissal for failure to pay the required filing fee, and again by the Clerk of this Court’s March 15, 2018 notice that this appeal was subject to dismissal for failure to pay the required clerk’s record fee, appellants failed to timely respond to either notice. See id. 5, 37.3(b), 42.3(b), (c). Accordingly, we dismiss the appeal for want of prosecution for failure to pay all required fees. See TEX. R. APP. P. 5, 37.3(b), 42.3(b), (c). PER CURIAM Panel consists of Justices Jennings, Keyes, and Higley. 2
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