Denis J. Simon v. Texas Department of Aging & Disability Services
Denis J. Simon v. Texas Department of Aging & Disability Services
Opinion
Dismissed and Memorandum Opinion filed October 31, 2013.
In The Fourteenth Court of Appeals NO. 14-13-00481-CV DENIS J. SIMON, Appellant V. TEXAS DEPARTMENT OF AGING & DISABILITY SERVICES, Appellee On Appeal from the 11th District Court Harris County, Texas Trial Court Cause No. 2012-17747 MEMORANDUM OPINION This is an appeal from a final judgment signed March 4, 2013. Appellant filed a timely motion for new trial, which was overruled by operation of law.
Appellant filed a timely notice of appeal on May 28, 2013. The clerk’s record was filed July 22, 2013. The official court reporter notified this court that no reporter’s record was taken in this case. Accordingly, appellant’s brief was due August 21, 2013, but it was not filed. See Tex. R. App. P. 38.6(a). Appellant did not request an extension of time to file the brief. See Tex. R. App. P. 38.6(d).
In addition, our records show that appellant has neither established indigence nor paid the $175.00 appellate filing fee. See Tex. R. App. P. 5 (requiring payment of fees in civil cases unless indigent); Tex. R. App. P. 20.1 (listing requirements for establishing indigence); see also 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) (listing fees in court of appeals); Tex. Gov’t Code ' 51.207 (same). On June 18, 2013, this court notified appellant that the filing fee was past due, but appellant filed no response.
On October 1, 2013, this court ordered appellant to pay the appellate filing fee and file appellant’s brief on or before October 21, 2013, or the appeal would be dismissed. See Tex. R. App. P. 42.3. Appellant’s only response to this court’s order was to file another copy of his notice of appeal on October 16, 2013. Appellant has not paid the appellate filing fee, filed his brief, or requested an extension of time to file his brief.
Accordingly, the appeal is ordered dismissed.
PER CURIAM
Panel consists of Justices Christopher, Donovan, and Brown.
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