Opinion issued September 20, 2012
In The
Court of Appeals
For The
First District of Texas
NO. 01B11B00638BCV
IN THE INTEREST OF R.P., a child
On Appeal from the 314th District Court
Harris County, Texas
Trial Court Cause No. 2010-06106J
MEMORANDUM OPINION
Appellant, Latasha Penn, 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). Appellant was notified on June 12, 2012
that this appeal was subject to dismissal if she did not pay the fee by June 22, 2012.
In response, appellant requested an extension of time to pay the fee. Appellant was
given until August 3, 2012 to pay the fee, and was notified that the fee must be paid
by August 3, 2012, or the appeal would be dismissed. After being notified that this
appeal was subject to dismissal if she did not pay the fee by August 3, 2012,
appellant did not adequately respond. 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).
Appellant was notified that the appeal would be dismissed if she did not pay or make
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arrangements to pay for the clerk’s record by August 3, 2012. After being so
notified that this appeal was subject to dismissal, appellant did not adequately
respond. See TEX. R. APP. P. 42.3(b) (allowing involuntary dismissal for want of
prosecution).
We dismiss the appeal for want of prosecution. We dismiss all pending
motions as moot.
PER CURIAM
Panel consists of Justices Keyes, Massengale, and Brown.
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