Kevin M. Prendergast v. Yellow Book Sales and Distribution Co

Opinion issued September 23, 2014 In The Court of Appeals For The First District of Texas ———————————— NO. 01-14-00348-CV ——————————— KEVIN M. PRENDERGAST, Appellant V. YELLOW BOOK SALES AND DISTRIBUTION CO., Appellee On Appeal from the 405th District Court Galveston County, Texas Trial Court Cause No. 12-CV-0511 MEMORANDUM OPINION Appellant, Kevin Prendergast, 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 (West 2013); 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). Further, Prendergast has not paid or made arrangements to pay the fee for preparing the clerk’s record. See TEX. R. APP. P. 37.3(b), (c). After being notified that this appeal was subject to dismissal, appellant did not adequately respond. See TEX. R. APP. P. 5; 42.3(b), (c). We dismiss the 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 Massengale, Brown, and Huddle. 2