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Lewis v. Smith

Court of Appeals of Texas, First District, Houston
Aug 27, 2009
No. 01-09-00243-CV (Tex. App. Aug. 27, 2009)

Opinion

No. 01-09-00243-CV

Opinion issued August 27, 2009.

On Appeal from the 312th District Court, Harris County, Texas, Trial Court Cause No. 2005-79574.

Panel consists of Justices JENNINGS, ALCALA, and HIGLEY.


MEMORANDUM OPINION


Appellant 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. §§ 51.207 (Vernon 2005), 51.208 (Vernon Supp. 2008); 51.941(a) (Vernon 2005), 101.041 (Vernon Supp. 2008) (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 Laryan Lewis did not adequately respond. See TEX. R. APP. P. 5 (allowing enforcement of rule); 42.3(c) (allowing involuntary dismissal of case).

Appellant Laryan Lewis 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 for failure to file a brief, appellant did not adequately respond. See TEX. R. APP. P. 42.3(b) (allowing involuntary dismissal of case).

We dismiss the appeal for nonpayment of all required fees and for failing to file a timely brief. We deny all pending motions.


Summaries of

Lewis v. Smith

Court of Appeals of Texas, First District, Houston
Aug 27, 2009
No. 01-09-00243-CV (Tex. App. Aug. 27, 2009)
Case details for

Lewis v. Smith

Case Details

Full title:LARYAN LEWIS, Appellant v. JOHN DELMAS SMITH, Appellee

Court:Court of Appeals of Texas, First District, Houston

Date published: Aug 27, 2009

Citations

No. 01-09-00243-CV (Tex. App. Aug. 27, 2009)