Qua'Tria Downs v. Attorney General of Texas, Frederick Ferlando Matthews Appeal from 505th District Court of Fort Bend County (memorandum opinion per curiam)
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Opinion issued October 25, 2022 In The Court of Appeals For The First District of Texas ———————————— NO. 01-22-00449-CV ——————————— IN THE INTEREST OF K.A.D., A CHILD On Appeal from the 505th District Court Fort Bend County, Texas Trial Court Case No. 21-DCV-289190 MEMORANDUM OPINION Appellant, mother, has neither paid the required fees nor established indigence for purposes of appellate costs. See TEX. R. CIV. P. 145; TEX. R. APP. P. 5, 20.1; see also TEX. GOV’T CODE ANN. §§ 51.207, 51.851(b); 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 July 8, 2022, the Clerk of this Court notified appellant that this appeal was subject to dismissal if appellate costs were not paid, or indigence was not established by August 8, 2022. See TEX. R. APP. P. 5, 42.3(b), (c). Appellant has not adequately responded to the Clerk’s notice. Appellant has also failed to timely file a brief. See TEX. R. APP. P. 38.6(a) (governing time to file brief). Appellant filed her notice of appeal on June 16, 2022. Accordingly, the appellate record was due to be filed by July 19, 2022. See TEX. R. APP. P. 35.1. The clerk’s record was filed on July 14, 2022. On July 21, 2022, the court reporter notified the Court that no reporter’s record was taken in this case. Accordingly, appellant’s brief was due to be filed on or before August 22, 2022. See TEX. R. APP. P. 38.6(a), (d). However, no brief was filed. On August 31, 2022, appellant was notified by the Clerk of this Court that this appeal was subject to dismissal unless a brief, or motion to extend time to file a brief, was filed within ten days of the Court’s notice. See TEX. R. APP. P. 38.8(a) (governing failure of appellant to file brief), 42.3(b) (allowing involuntary dismissal of appeal for want of prosecution), 42.3(c) (allowing involuntary dismissal of case for failure to comply with notice from clerk of court). Despite the Clerk’s notice that this appeal was subject to dismissal, appellant has not adequately responded. 2 Accordingly, we dismiss the appeal for nonpayment of all required fees and for want of prosecution. See TEX. R. APP. P. 5, 42.3(b), (c), 43.2(f). We dismiss any pending motions as moot. PER CURIAM Panel consists of Justices Goodman, Countiss, and Farris. 3
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