Opinion
No. 08-15-00338-CV
04-06-2016
ANDREW McRAE, Appellant, v. HYUN KIM LESTER, Appellee.
Appeal from 65th District Court of El Paso County, Texas (TC # 2010CM5077) MEMORANDUM OPINION
This appeal is before the Court on its own motion to determine whether it should be dismissed for want of prosecution. Finding that Appellant, Andrew McRae, has failed to pay the case filing fee, and further finding that Appellant has failed to file his brief or a motion for extension of time to file the brief, we dismiss the appeal for want of prosecution.
Appellant did not pay the case filing fee of $205 when he filed the notice of appeal or establish that he is indigent in accordance with TEX.R.APP.P. 20.1. The Clerk of the Court sent Appellant a letter requesting payment of the case filing fee. The letter notified Appellant that failure to pay the case filing fee within twenty days could result in dismissal of the appeal for want of prosecution pursuant to TEX.R.APP.P. 42.3(b) and (c). Appellant has not paid the filing fee or otherwise responded to our notice. In a separate letter, the Clerk of the Court notified Appellant that his brief was past due and no motion for extension of time had been filed. The letter advised Appellant that the Court intended to dismiss the appeal for want of prosecution unless Appellant responded within ten days and showed grounds for continuing the appeal. See TEX.R.APP.P. 38.8(a)(1). Appellant has not filed any response to the inquiry. Accordingly, we dismiss the appeal for want of prosecution. See TEX.R.APP.P. 38.8(a)(1), 42.3(b), (c). April 6, 2016
ANN CRAWFORD McCLURE, Chief Justice Before McClure, C.J., Rodriguez, and Hughes, JJ.