Opinion issued November 1, 2016
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-11-00204-CV
———————————
LEMORRIS GROVER AND MARCELO SANCHEZ A/K/A MARCELO
SANCHEZ-REYES, Appellants
V.
TERENCE AND CAROLYN MCGUINNESS, Appellees
On Appeal from the 61st District Court
Harris County, Texas
Trial Court Cause No. 2006-59727
MEMORANDUM OPINION
Appellants, Lemorris Grover and Marcelo Sanchez a/k/a Marcelo Sanchez-
Reyes, timely appealed from the trial court’s final judgment, signed on January 6,
2011, after moving for a new trial. See TEX. R. APP. P. 26.1(a)(1). However,
appellants have neither paid the required fees nor established indigence for purposes
of appellate costs. See TEX. R. APP. P. 5, 20.1, 37.3(b); see also TEX. GOV’T CODE
ANN. §§ 51.207, 51.208, 51.941(a), 101.041(1) (West 2013), § 101.0411 (West
Supp. 2016); Order Regarding 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
Order and Notice of Intent to Dismiss for Want of Prosecution on August 16, 2016,
which reinstated this case after Grover’s bankruptcy case had been dismissed; noted
that Grover’s counsel, Kevin R. Michaels, had filed a motion to withdraw; and that
this appeal was subject to dismissal for want of prosecution for failure to pay the
required fees, appellants did not timely respond. See TEX. R. APP. P. 5, 37.3(b),
42.3(b), (c).
Accordingly, we grant the motion to withdraw by Grover’s counsel, Kevin R.
Michaels, and dismiss this appeal for nonpayment of all required fees and for want
of prosecution. See TEX. R. APP. P. 5, 37.3(b), 42.3(b), (c). We dismiss any other
pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Higley and Huddle.
2
Lemorris Grover and Marcelo R. Sanchez A/K/A Marcelo Sanchez-Reyes v. Terrance and Carolyn McGuinness
Combined Opinion