Michael Solomon v. Angela Gale Lemons ( 2012 )

Opinion issued September 27, 2012
In The
Court of Appeals
For The
First District of Texas
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NO. 01-12-00684-CV
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MICHAEL SOLOMON, Appellant
V.
ANGELA GALE LEMONS, Appellee
On Appeal from the 308th District Court
Harris County, Texas
Trial Court Cause No. 2003-48335
MEMORANDUM OPINION
Appellant, Michael Solomon, has neither paid the required filing fee for this
appeal nor established indigence for purposes of appellate costs. See TEX. R. APP.
P. 5 (“A party who is not excused by statute or these rules from paying costs must
pay—at the time an item is presented for filing—whatever fees are required by
statute or Supreme Court order.”), 20.1 (listing requirements for establishing
indigence); see also TEX. GOV’T CODE ANN. § 51.207 (Vernon Supp. 2011), §
51.941(a) (Vernon 2005), § 101.041 (Vernon Supp. 2011) (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). Appellant was notified on August 1,
2012 that he must pay the fee by August 13, 2012, or the appeal would be subject
to dismissal. 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). Appellant was again
notified on August 21, 2012 that the appeal would be dismissed if he did not pay
the fee by August 31, 2012. After being notified that this appeal was subject to
dismissal, appellant did not adequately respond. See TEX. R. APP. P. 5; 42.3(c).
We dismiss the appeal for failure to pay the filing fee. We dismiss any
pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Bland and Huddle.
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