Frank Simmons v. Republic Motors Sports, Inc. Dba Republic Harley-Davidson
Frank Simmons v. Republic Motors Sports, Inc. Dba Republic Harley-Davidson
Opinion
Opinion issued December 3, 2015
In The Court of Appeals For The First District of Texas ———————————— NO. 01-15-00244-CV ——————————— FRANK SIMMONS, Appellant V. REPUBLIC MOTOR SPORTS, INC. DBA REPUBLIC HARLEY-DAVIDSON, Appellee
On Appeal from the 240th District Court Fort Bend County, Texas Trial Court Cause No. 14-DCV-216519
MEMORANDUM OPINION Appellant, Frank Simmons, appealed from the trial court’s order granting the appellee’s motion for summary judgment, signed on February 12, 2015. See TEX. R. APP. P. 26.1(a)(1). However, appellant has neither paid the required filing fee nor established indigence for purposes of appellate costs. See id. 5, 20.1; see also TEX. GOV’T CODE ANN. §§ 51.207, 51.208, 51.941(a), 101.041(1) (West 2013), §101.0411 (West Supp. 2014); 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. 13-9127 (Tex. Aug. 16, 2013). After being notified by the Clerk of this Court on April 8, 2015, that this appeal was subject to dismissal, appellant did not timely respond. See TEX. R. APP. P. 5, 42.3(c).
Accordingly, we dismiss the appeal for nonpayment of all required fees and for want of prosecution. See TEX. R. APP. P. 5, 42.3(b), (c). We dismiss any pending motions as moot.
PER CURIAM Panel consists of Justices Jennings, Keyes, and Bland.
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