Opinion issued April 23, 2013
In The
Court of Appeals
For The
First District of Texas
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NO. 01-13-00157-CV
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MARY THOMAS, Appellant
V.
TERRAIN SOLUTIONS INC., Appellee
On Appeal from County Civil Court at Law No. 3
Harris County, Texas
Trial Court Cause No. 1016332
MEMORANDUM OPINION
Appellant, Mary Thomas, 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 (Vernon Supp. 2011), §
51.941(a) (Vernon 2005), § 101.041 (Vernon Supp. 2011) (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). On February 26, 2013, appellant was
notified that this appeal was subject to dismissal if the filing fee was not paid by
March 11, 2013. After being notified that this appeal was subject to dismissal,
appellant did not adequately respond. See TEX. R. APP. P. 5 (allowing enforcement
of rule); 42.3(c) (allowing involuntary dismissal of case). Appellant was again
notified on March 21, 2013, that this appeal was subject to dismissal for failure to
pay the filing fee. After being notified a second time that this appeal was subject
to dismissal, appellant did not adequately respond. See TEX. R. APP. P. 5; 42.3(c).
We dismiss the appeal for failure to pay the filing fee. We dismiss any
pending motions as moot.
PER CURIAM
Panel consists of Justices Jennings, Bland, and Massengale.
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