Sibick v. Doran

Full title: MICHAEL SIBICK, Appellant v. W. WILEY DORAN OSCAR TREVINO, JR., Appellee

Court: Court of Appeals of Texas, First District, Houston

Date published: Jun 18, 2009

No. 01-08-00960-CV (Tex. App. Jun. 18, 2009)

Opinion

No. 01-08-00960-CV

Opinion issued June 18, 2009.

On Appeal from the County Civil Court at Law No. 2, Harris County, Texas, Trial Court Cause No. 846123.

Panel consists of Chief Justice RADACK and Justices SHARP and TAFT.¹

1 The Honorable Tim Taft, retired justice, Court of Appeals for the First District of Texas, participating by assignment.

MEMORANDUM OPINION

PER CURIAM.

Appellant Michael Sibick has neither established indigence, nor paid all the required fees. See TEX. R. APP. P. 5 (requiring payment of fees in civil cases unless indigent), 20.1 (listing requirements for establishing indigence); see also TEX. GOV'T CODE ANN. §§ 51.207 (Vernon 2005), 51.208 (Vernon Supp. 2008); 51.941(a) (Vernon 2005), 101.041 (Vernon Supp. 2008) (listing fees in court of appeals); FEES CIV. CASES B(1), (3) (listing fees in court of appeals). After being notified that this appeal was subject to dismissal, appellant Michael Sibick did not adequately respond. See TEX. R. APP. P. 5 (allowing enforcement of rule); 42.3(c) (allowing involuntary dismissal of case).

Appellant, Michael Sibick, has neither established indigence, nor paid or made arrangements to pay the clerk's fee for preparing the clerk's record. See TEX. R. APP. P. 20.1 (listing requirements for establishing indigence), 37.3(b) (allowing dismissal of appeal if no clerk's record filed due to appellant's fault). After being notified that this appeal was subject to dismissal, appellant did not adequately respond. See TEX. R. APP. P. 42.3(c) (allowing involuntary dismissal of case).

We dismiss the appeal for nonpayment of all required fees and failure to pay or make arrangements to pay the trial court clerk's fee for preparation of the clerk's record. We deny all pending motions.