Raymond Booker v. Oscar Guerrero

Opinion issued November 21, 2017 In The Court of Appeals For The First District of Texas ———————————— NO. 01-17-00073-CV ——————————— RAYMOND BOOKER, Appellant V. OSCAR GUERRERO, Appellee On Appeal from the County Civil Court at Law No. 3 Harris County, Texas Trial Court Cause No. 1060392 MEMORANDUM OPINION Appellant, Raymond Booker, has failed to timely file his appellate brief. See TEX. R. APP. P. 38.6(a), (d), 38.8(a)(1). Further, appellant has neither paid the required filing fee nor established indigence for purposes of appellate costs. See id. 5, 20.1; see also TEX. GOV’T CODE ANN. §§ 51.207, 51.851(b), 51.941(a), 101.041(1) (West 2015); Order, Fees Charged in the Supreme Court, in Civil Cases in the Courts of Appeals, and Before the Judicial Panel on Multi-District Litigation, Misc. Docket No. 15-9158 (Tex. Aug. 28, 2015). After being notified by this Court’s June 8, 2017 Order and Notice of Intent to Dismiss for Want of Prosecution that this appeal was subject to dismissal for failure to pay the required fee, and by Clerk’s July 25, 2017 notice that this appeal was subject to dismissal for failure to file the appellant’s brief, appellant failed to timely respond. See id. 5, 38.8(a)(1), 42.3(b), (c). Accordingly, we dismiss the appeal for want of prosecution for failure to timely file a brief and for failure to pay all required fees. See TEX. R. APP. P. 5, 38.8(a)(1), 42.3(b), (c). PER CURIAM Panel consists of Chief Justice Radack and Justices Higley and Bland. 2