Opinion issued August 9, 2012
In The
Court of Appeals
For The
First District of Texas
NO. 01B10B00848BCV
ZACHARIAH DORSETT, Appellant
V.
ARCHSTONE MEMORIAL HEIGHTS, Appellee
On Appeal from the County Civil Court at Law No. 1
Harris County, Texas
Trial Court Cause No. 961349
MEMORANDUM OPINION
Appellant, Zachariah Dorsett, 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 June 28, 2012, this Court ordered
appellant to pay the filing fee by July 9, 2012, or the appeal would be dismissed.
See TEX. R. APP. P. 5 (allowing enforcement of rule); 42.3(c) (allowing involuntary
dismissal of case). After being ordered to pay the filing fee or face dismissal,
appellant did not adequately respond. See TEX. R. APP. P. 5; 42.3(c).
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).
On June 28, 2012, this Court ordered appellant to file proof that he had paid for or
made arrangements to pay for the clerk’s record, or face dismissal. Appellant did
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not adequately respond. 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 Higley, Sharp, and Huddle.
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