Frank Simmons v. Republic Motors Sports, Inc. Dba Republic Harley-Davidson ( 2015 )

Opinion issued December 3, 2015
In The
Court of Appeals
For The
First District of Texas
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NO. 01-15-00244-CV
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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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