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In re K.J.S.

Court of Appeals For The First District of Texas
Apr 14, 2020
NO. 01-20-00032-CV (Tex. App. Apr. 14, 2020)

Opinion

NO. 01-20-00032-CV

04-14-2020

IN THE INTEREST OF K.J.S., A CHILD


On Appeal from the 328th District Court Fort Bend County, Texas
Trial Court Case No. 19-DCV-269188

MEMORANDUM OPINION

Appellant, Renesha Hamburg, has filed a motion to dismiss her appeal, stating she "no longer desires to prosecute this appeal." No opinion has issued. See TEX. R. APP. P. 42.1(a)(1), (c). Although the motion does not include a certificate of conference, more than ten days have passed, and no party has opposed Hamburg's motion. See TEX. R. APP. P. 10.1(a)(5), 10.3(a).

Accordingly, we grant Hamburg's motion and dismiss her appeal. See TEX. R. APP. P. 42.1(a)(1), 43.2(f).

Appellant, Lee Sims, has neither paid the required fees nor established indigence for purposes of appellate costs. See TEX. R. APP. P. 5, 20.1; see also TEX. GOV'T CODE ANN. § 51.207, § 51.941(a), § 101.041; Order, 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). Further, Sims has not paid or made arrangements to pay the fee for preparing the clerk's record. See TEX. R. APP. P. 37.3(b). After being notified that this appeal was subject to dismissal, Sims did not adequately respond. See TEX. R. APP. P. 5; 42.3(c).

Hamburg also neither paid the required fees nor established indigence for purposes of appellate costs. See TEX. R. APP. P. 5, 20.1; see also TEX. GOV'T CODE ANN. § 51.207, § 51.941(a), § 101.041; Order, 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). Nor did Hamburg pay or make arrangements to pay the fee for preparing the clerk's record. See TEX. R. APP. P. 37.3(b).

Accordingly, we dismiss Sim's appeal for nonpayment of all required fees and for want of prosecution.

We dismiss any pending motions as moot.

PER CURIAM Panel consists of Justices Keyes, Lloyd, and Hightower.


Summaries of

In re K.J.S.

Court of Appeals For The First District of Texas
Apr 14, 2020
NO. 01-20-00032-CV (Tex. App. Apr. 14, 2020)
Case details for

In re K.J.S.

Case Details

Full title:IN THE INTEREST OF K.J.S., A CHILD

Court:Court of Appeals For The First District of Texas

Date published: Apr 14, 2020

Citations

NO. 01-20-00032-CV (Tex. App. Apr. 14, 2020)