Opinion issued September 26, 2017
In The
Court of Appeals
For The
First District of Texas
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NO. 01-17-00235-CV
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MICHAEL O. WHITMIRE, Appellant
V.
HARRIS COUNTY, ET AL, Appellees
On Appeal from the 333rd District Court
Harris County, Texas
Trial Court Case No. 2015-03976
MEMORANDUM OPINION
Appellant, Michael O. Whitmire, has neither paid the required fees nor
established indigence for purposes of appellate costs. See TEX. R. APP. P. 5, 20.1;
see also TEX. GOV’T CODE ANN. §§ 51.207, 51.208, 51.941(a) (West 2013), 101.041
(West Supp. 2016); 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). Further, appellant has not paid or made
arrangements to pay the fee for preparing the clerk’s record. See TEX. R. APP. P.
37.3(b). After being notified that this appeal was subject to dismissal, appellant did
not adequately respond. See TEX. R. APP. P. 5, 37.3(b), 42.3(b), (c).
On August 16, 2017, appellees filed a motion to dismiss the appeal for want
of prosecution. See TEX. R. APP. P. 42.3. More than ten days have passed and
appellant has not responded to the motion to dismiss. We grant the motion and
dismiss the appeal for nonpayment of all required fees and for want of prosecution.
We dismiss any pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Keyes and Higley.
2
Michael O. Whitmire v. Harris County
Combined Opinion