Michael Ray Wash, Jr. v. Non Adversary (Change of Name)

 

 

 

 

 

 

 

NUMBER 13-05-252-CV

 

                                 COURT OF APPEALS

 

                     THIRTEENTH DISTRICT OF TEXAS

 

                         CORPUS CHRISTI - EDINBURG

 

MICHAEL RAY WASH, JR.,                                                              Appellant,

 

                                                             v.

 

NON ADVERSARY (CHANGE OF NAME),                                       Appellee.

 

                             On appeal from the 133rd District Court

                                         of Harris County, Texas.

 

 

                               MEMORANDUM OPINION

 

                         Before Justices Hinojosa, Yañez, and Rodriguez

                                    Memorandum Opinion Per Curiam

 


Appellant, Michael Ray Wash, Jr., attempts to appeal from a judgment entered by the 133rd District Court of Harris County, Texas, in cause number 2004-6024.  On May 24, 2005, the Clerk of this Court notified appellant that his motion to proceed as an indigent had been denied by the Court.  The Clerk requested payment of the $125.00 filing fee for the notice of appeal and the $10.00 filing fee for the motion.  Pursuant to Texas Rule of Appellate Procedure 42.3(c), the Clerk further notified appellant that his appeal was subject to dismissal because of his failure to comply with the Court=s previous notice regarding the filing fees and that if the filing fees were not paid within ten days from the date of receipt of the notice, the appeal would be dismissed. 

Appellant has since moved for reconsideration of his motion regarding indigent status but has paid none of the requisite fees.

The Court, having examined and fully considered the documents on file, appellant=s failure to pay or make arrangements to pay the fees, this Court=s notice, and appellant=s failure to correct the defect, is of the opinion that the appeal should be dismissed for want of prosecution.  Accordingly, we deny appellant=s motion for reconsideration of his indigent status and deny any other pending motions as moot.

The appeal is hereby DISMISSED FOR WANT OF PROSECUTION.

PER CURIAM

 

Memorandum opinion delivered and filed

this 27th day of October, 2005.