Harold M. Nichols v. Discover Bank Appeal from Co Civil Ct at Law No 4 of Harris County (memorandum opinion per curiam)

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Opinion issued September 28, 2021 In The Court of Appeals For The First District of Texas ———————————— NO. 01-21-00220-CV ——————————— HAROLD M. NICHOLS, Appellant V. DISCOVER BANK, Appellee On Appeal from the County Civil Court at Law No. 4 Harris County, Texas Trial Court Case No. 1153988 MEMORANDUM OPINION Cynthia A. Nichols filed a notice of appeal from a default judgment entered against her husband, Harold M. Nichols, saying that she has power of attorney over Harold, who she asserts has dementia and is not of sound mind. Appellant has not paid for the clerk’s record or the required filing fee and has not established indigence for purposes of appellate costs. See TEX. R. APP. P. 5, 20.1 (indigence), 37.3(b) (allowing dismissal of appeal if no clerk’s record filed due to appellant’s fault); see also TEX. GOV’T CODE ANN. §§ 51.207, 51.208, 51.941(a), 101.041; Order Regarding 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. On May 28, 2021, the Clerk of this Court notified appellant that her appeal was subject to dismissal if appellant failed to pay the appellate filing fee on or before June 28, 2021. On June 23, 2021, the Clerk of this Court notified appellant that her appeal was subject to dismissal if appellant filed to pay the fee for the clerk’s record or established indigence. See TEX. R. APP. P. 5 (allowing enforcement of rule), 37.3(b) (allowing dismissal of appeal if no clerk’s record filed due to appellant’s fault), 42.3(c) (allowing involuntary dismissal of case). Appellant has not responded to this Court’s notices. We dismiss the appeal for want of prosecution. We dismiss any pending motions as moot. PER CURIAM Panel consists of Justices Kelly, Hightower, and Farris. 2

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