$4,416.00 in United States Currency v. State ( 2013 )

Opinion issued November 14, 2013
In The
Court of Appeals
For The
First District of Texas
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NO. 01-13-00514-CV
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$4,416.00 IN UNITED STATES CURRENCY, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 122nd District Court
Galveston County, Texas
Trial Court Case No. 11-CV-1941
MEMORANDUM OPINION
Appellant, Terry Mark Waddell, the real party in interest in the underlying
forfeiture proceeding, 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, 51.941(a), 101.041 (West 2013); 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).
On September 24, 2013, we notified appellant, at his address in the
Powledge Unit, Texas Department of Criminal Justice, Palestine, Texas, that his
appeal, which was previously abated, had been reinstated on this Court’s active
docket. We also notified appellant that the filing fee was due and that this appeal
could be dismissed unless he paid one-half of the filing fee no later than 10 days
from the date of the order and the other one-half of the filing fee no later than 30
days from the date of the order. The Court’s notice was returned, with the
following marked on the envelope: “return to sender” and “released.”1 Appellant
has neither paid the filing fee nor responded to the Court’s notice nor provided us
with any other address or means of contacting him. See TEX. R. APP. P. 5, 42.3(c).
Accordingly, we dismiss the appeal for nonpayment of all required fees. We
dismiss all other pending motions as moot.
PER CURIAM
Panel consists of Justices Keyes, Higley, and Massengale.
1
The Court’s attempt to locate appellant’s current address through the Texas
Department of Criminal Justice’s website was unsuccessful.
2