Opinion issued February 25, 2016
In The
Court of Appeals
For The
First District of Texas
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NO. 01-15-00497-CV
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EVELYN WYATT, Appellant
V.
CYNTHIA M. SIMON, JERRY L. SCHUTZA, JAIKSHIN S. BHAGIA AND
NANIK S. BHAGIA, Appellees
On Appeal from the 55th District Court
Harris County, Texas
Trial Court Cause No. 2014-59033
MEMORANDUM OPINION
Appellant, Evelyn Wyatt, via counsel, timely filed a notice of appeal in the
trial court from the final judgment, signed on March 3, 2015, granting summary
judgment. See TEX. R. APP. P. 26.1(a)(1). However, appellant, now proceeding
pro se after her counsel’s motion to withdraw was granted by this Court, has
neither paid nor made arrangements to pay the fee for preparing the clerk’s record.
See id. 37.3(b). After being notified by the Clerk of this Court on October 19,
2015, and again by this Court’s Order on January 12, 2016, that this appeal was
subject to dismissal for failure to pay the clerk’s record fee, appellant did not
timely respond. See id. 37.3(b), 42.3(b), (c).
Accordingly, we dismiss the appeal for nonpayment of all required fees and
for want of prosecution. See TEX. R. APP. P. 37.3(b), 42.3(b), (c). We dismiss any
pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Keyes and Higley.
2
Evelyn Wyatt v. Cynthia M. Simon, Jerry L. Schutza, Jaikshin S. Bhagia and Nanik S. Bhagia
Combined Opinion