Opinion issued July 2, 2013
In The
Court of Appeals
For The
First District of Texas
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NO. 01-13-00212-CV
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JACQUELINE ALEXANDER, Appellant
V.
RESERVE AT AUTUMN CREEK, Appellee
On Appeal from the County Civil Court at Law No. 1
Harris County, Texas
Trial Court Cause No. 1027479
MEMORANDUM OPINION
Appellant, Jacqueline Alexander, 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, 51.941(a), 101.041 (West
2013) (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). The
fee in this case was originally due on March 25, 2013. On May 14, 2013, appellant
was ordered to pay the filing fee by May 24, 2013, and notified that if the fee was
not paid by that date, the appeal would be dismissed for failure to pay the filing
fee. Appellant has not paid the filing fee. See TEX. R. APP. P. 5 (allowing
enforcement of rule); 42.3(c) (allowing involuntary dismissal of case).
Appellant has also neither established indigence, nor paid, or made
arrangements to pay, the 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 for want of prosecution if no clerk’s record filed due to appellant’s fault).
The record in this case was originally due on May 3, 2013. On May 14, 2013, this
Court ordered that proof that appellant had paid the district clerk for preparation of
the clerk’s record be filed in this Court by June 13, 2013, or the appeal would be
dismissed for want of prosecution. No proof that appellant has paid for the clerk’s
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record has been filed. See TEX. R. APP. P. 42.3(b) (allowing involuntary dismissal
for want of prosecution).
We dismiss the appeal for failure to pay the filing fee and for want of
prosecution. We dismiss all pending motions as moot.
PER CURIAM
Panel consists of Justices Keyes, Higley, and Bland.
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