Michael O. Whitmire v. Harris County

Opinion issued September 26, 2017 In The Court of Appeals For The First District of Texas ———————————— NO. 01-17-00235-CV ——————————— 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