Opinion
NO. 01-12-00154-CV
07-26-2012
SAMUEL OGUNTOPE d/b/a UNIQUE USED AUTO PARTS, Appellant v. HARRIS COUNTY, TEXAS, Appellee
On Appeal from the 157th District Court
Harris County, Texas
Trial Court Cause No. 2008-57902
MEMORANDUM OPINION
Appellant, Samuel Oguntope d/b/a Unique Used Auto Parts, 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). After being notified on February 16, 2012 that this appeal was subject to dismissal if the fee was not paid by February 27, 2012, 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 5, 2012 that this appeal was subject to dismissal for failure to pay the fee, and appellant did not adequately respond. See TEX. R. APP. P. 5 (allowing enforcement of rule); 42.3(c) (allowing involuntary dismissal of case).
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.