Opinion
NO. 01-12-00283-CV
08-09-2012
ROBERT THOMAS ZACH, Appellant v. KELLY MARULLO ZACH, Appellee
On Appeal from the 247th District Court
Harris County, Texas
Trial Court Cause No. 2006-10971
MEMORANDUM OPINION
Appellant, Robert Thomas Zach, has neither paid the required filing fee for this appeal nor established indigence for purposes of appellate costs. See TEX. R. APP. P. 5 ("A party who is not excused by statute or these rules from paying costs must pay—at the time an item is presented for filing—whatever fees are required by statute or Supreme Court order."), 20.1 (listing requirements for establishing indigence); see also TEX. GOV'T CODE ANN. § 51.207 (Vernon Supp. 2011), § 51.941(a) (Vernon 2005), § 101.041 (Vernon Supp. 2011) (listing fees in court of appeals); Order Regarding Fees Charged in Civil Cases in the Supreme Court and the Courts of Appeals and Before the Judicial Panel on Multidistrict Litigation, Misc. Docket No. 07-9138 (Tex. Aug. 28, 2007), reprinted in TEX. R. APP. P. app. A § B(1) (listing fees in court of appeals). The filing fee was due on April 9, 2012. After being notified that this appeal was subject to dismissal for failure to pay the filing fee, appellant did not adequately respond. See TEX. R. APP. P. 5 (allowing enforcement of rule); 42.3(c) (allowing involuntary dismissal of case). Appellant was again notified on June 8, 2012, that this appeal was subject to dismissal for failure to pay the filing fee. After being notified a second time that this appeal was subject to dismissal for failure to pay the filing fee, appellant did not adequately respond. See TEX. R. APP. P. 5; 42.3(c).
We dismiss the appeal for failure to pay the filing fee. We dismiss any pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Jennings and Keyes.