Opinion issued March 13, 2014
In The
Court of Appeals
For The
First District of Texas
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NO. 01-14-00040-CV
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DAVID E. KAUP, Appellant
V.
TEXAS WORKFORCE COMMISSION AND GLOBAL SECURITY
CONSULTING, GLOBAL SECURITY ASSOCIATES, Appellees
On Appeal from the County Civil Court at Law No. 4
Harris County, Texas
Trial Court Case No. 1031862
MEMORANDUM OPINION
Appellant, David E. Kaup, 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, appellant has not paid or made arrangements to pay the fee for preparing
the clerk’s record. See TEX. R. APP. P. 35.3(a)(2), 37.3(b).
On February 3, 2014, we affirmed the trial court’s order sustaining the
county clerk’s contest to appellant’s affidavit of indigence. Because appellant had
not established indigence, the Court ordered appellant to pay one-half of the filing
fee to this Court no later than February 13, 2014. See TEX. R. APP. P. 5. The Court
ordered appellant to pay the other one-half of the filing fee to this Court no later
than March 5, 2014. See id. Appellant was notified that failure to comply with
this Court’s order would result in dismissal of the appeal. See TEX. R. APP. P.
42.3(c). Appellant did not comply with the order and has not paid the required
fees.
On February 3, 2014, the Court also ordered appellant to file with this Court
written evidence from the trial court clerk showing that appellant has paid or made
arrangements to pay for the preparation of the clerk’s record by March 5, 2014.
See TEX. R. APP. P. 35.3(a)(2), 37.3(b). The Court notified appellant that failure to
comply with the Court’s order would result in dismissal of the appeal. See TEX. R.
APP. P. 37.3(b), 42.3(b), (c). Appellant did not comply with the Court’s order and
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has not paid or made arrangements to pay the fee for preparing the clerk’s record.1
See TEX. R. APP. P. 42.3(b), (c).
Accordingly, 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 Jennings, Higley, and Sharp.
1
On February 11, 2014, the trial court clerk filed a second copy of the clerk’s
record on indigence, which had previously been filed with this Court on
January 27, 2014. This record does not comply with Texas Rule of
Appellate Procedure 34.5 and, therefore, is not sufficient to comply with this
Court’s February 3, 2014 order. See TEX. R. APP. P. 34.5(a) (detailing
required contents of clerk’s record). Further, appellant has provided no
written evidence from the trial court clerk showing that appellant has paid or
made arrangements to pay for the preparation of the clerk’s record, as
required.
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