Opinion
NO. 01-12-00368-CV
07-19-2012
JONATHON C. MCINTOSH, D.D.S., Appellant v. DAVID PARTRIDGE, M.D., INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY, AND ADALBERTO BARRERA, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY, Appellees
On Appeal from the 400th District Court
Fort Bend County, Texas
Trial Court Cause No. 08-DCV-168700
MEMORANDUM OPINION
Appellant, Jonathon C. Mcintosh, D.D.S., 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 10, 2012, when appellant filed his notice of appeal. See TEX. R. APP. P. 5. On May 1, 2012, the Court notified appellant that the appeal was subject to dismissal if appellant did not pay the required fee within 10 days. See id. (providing for enforcement of rule); 42.3(c) (providing for involuntary dismissal). Appellant did not respond.
Accordingly, we dismiss the appeal for want of prosecution. We dismiss any pending motions as moot.
PER CURIAM
Panel consists of Justices Higley, Sharp, and Huddle.