Opinion
NO. 01-11-00204-CV
11-01-2016
LEMORRIS GROVER AND MARCELO SANCHEZ A/K/A MARCELO SANCHEZ-REYES, Appellants v. TERENCE AND CAROLYN MCGUINNESS, Appellees
On Appeal from the 61st District Court Harris County, Texas
Trial Court Cause No. 2006-59727
MEMORANDUM OPINION
Appellants, Lemorris Grover and Marcelo Sanchez a/k/a Marcelo Sanchez-Reyes, timely appealed from the trial court's final judgment, signed on January 6, 2011, after moving for a new trial. See TEX. R. APP. P. 26.1(a)(1). However, appellants have neither paid the required fees nor established indigence for purposes of appellate costs. See TEX. R. APP. P. 5, 20.1, 37.3(b); see also TEX. GOV'T CODE ANN. §§ 51.207, 51.208, 51.941(a), 101.041(1) (West 2013), § 101.0411 (West Supp. 2016); 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 (Tex. Aug. 28, 2015). After being notified by this Court's Order and Notice of Intent to Dismiss for Want of Prosecution on August 16, 2016, which reinstated this case after Grover's bankruptcy case had been dismissed; noted that Grover's counsel, Kevin R. Michaels, had filed a motion to withdraw; and that this appeal was subject to dismissal for want of prosecution for failure to pay the required fees, appellants did not timely respond. See TEX. R. APP. P. 5, 37.3(b), 42.3(b), (c).
Accordingly, we grant the motion to withdraw by Grover's counsel, Kevin R. Michaels, and dismiss this appeal for nonpayment of all required fees and for want of prosecution. See TEX. R. APP. P. 5, 37.3(b), 42.3(b), (c). We dismiss any other pending motions as moot.
PER CURIAM Panel consists of Chief Justice Radack and Justices Higley and Huddle.