Clarence Beasley v. Tracette House ( 2012 )

Opinion issued December 13, 2012
In The
Court of Appeals
For The
First District of Texas
NO. 01-12-00947-CV
CLARENCE BEASLEY, Appellant
V.
TRACETTE HOUSE, Appellee
On Appeal from the County Civil Court at Law No. 2
Harris County, Texas
Trial Court Cause No. 1009109
MEMORANDUM OPINION
Appellant, Clarence Beasley, 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 (West Supp. 2012), § 51.941(a) (West
2005), § 101.041 (West Supp. 2012) (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). Although appellant filed a document styled as a
“Paupers [sic] Affidavit”, this document does not in fact constitute an affidavit and
fails to invoke Rule of Appellate Procedure 20.1. See TEX. R. APP. P.
20.1(a)(2)(A); see also TEX. GOV’T CODE ANN. § 312.011(1) (West 2005);
Humphreys v. Caldwell, 888 S.W.2d 469, 470–71 (Tex. 1994); In re B.N., 303
S.W.3d 16, 18 (Tex. App.—Waco 2009, no pet.); cf. TEX. CIV. PRAC. & REM.
CODE ANN. § 132.001 (West Supp. 2012). 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).
We dismiss the appeal for nonpayment of all required fees.
We dismiss any pending motions as moot.
PER CURIAM
Panel consists of Justices Keyes, Massengale, and Brown.
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