Michael Solomon v. Angela Gale Lemons

Opinion issued September 27, 2012

In The

Court of Appeals

For The

First District of Texas ————————————

NO. 01-12-00684-CV ———————————

MICHAEL SOLOMON, Appellant

V.

ANGELA GALE LEMONS, Appellee

On Appeal from the 308th District Court Harris County, Texas

Trial Court Cause No. 2003-48335

MEMORANDUM OPINION

Appellant, Michael Solomon, has neither paid the required filing fee for this appeal nor established indigence for purposes of appellate costs. See TEX. R. APP. P. 5 (“A party who is not excused by statute or these rules from paying costs must pay—at the time an item is presented for filing—whatever fees are required by statute or Supreme Court order.”), 20.1 (listing requirements for establishing indigence); see also TEX. GOV’T CODE ANN. § 51.207 (Vernon Supp. 2011), § 51.941(a) (Vernon 2005), § 101.041 (Vernon Supp. 2011) (listing fees in court of appeals); Order Regarding Fees Charged in Civil Cases in the Supreme Court and the Courts of Appeals and Before the Judicial Panel on Multidistrict Litigation, Misc. Docket No. 07-9138 (Tex. Aug. 28, 2007), reprinted in TEX. R. APP. P. app. A § B(1) (listing fees in court of appeals). Appellant was notified on August 1, 2012 that he must pay the fee by August 13, 2012, or the appeal would be subject to dismissal. After being notified that this appeal was subject to dismissal, appellant did not adequately respond. See TEX. R. APP. P. 5 (allowing enforcement of rule); 42.3(c) (allowing involuntary dismissal of case). Appellant was again notified on August 21, 2012 that the appeal would be dismissed if he did not pay the fee by August 31, 2012. After being notified that this appeal was subject to dismissal, appellant did not adequately respond. See TEX. R. APP. P. 5; 42.3(c).

We dismiss the appeal for failure to pay the filing fee. We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Bland and Huddle.