Annestrice Frazier v. American General Life Insurance CO.

Opinion issued August 23, 2012. In The Court of Appeals For The First District of Texas ———————————— NO. 01-12-00353-CV ——————————— ANNESTRICE FRAZIER, Appellant V. AMERICAN GENERAL LIFE INSURANCE COMPANY, Appellee On Appeal from the 125th District Court Harris County, Texas Trial Court Cause No. 2011-33427 MEMORANDUM OPINION Appellant, Annestrice Frazier, 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 April 19, 2012 that this appeal would be subject to dismissal if the filing fee was not paid by April 29, 2012. 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 June 5, 2012 that this appeal was subject to dismissal for failure to pay the fee. Appellant did not respond. See TEX. R. APP. P. 5 (allowing enforcement of rule); 42.3(c) (allowing involuntary dismissal of case). We dismiss the appeal. We dismiss any pending motions as moot. PER CURIAM Panel consists of Justices Bland, Massengale, and Brown. 2