Brittney Humphries v. Miranda Diaz and Melissa Salazar ( 2024 )

Opinion issued February 6, 2024
In The
Court of Appeals
For The
First District of Texas
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NO. 01-23-00764-CV
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BRITTNEY HUMPHRIES, Appellant
V.
MIRANDA DIAZ AND MELISSA SALAZAR, Appellees
On Appeal from the County Civil Court at Law No. 1
Harris County, Texas
Trial Court Case No. 1202710
MEMORANDUM OPINION
Appellant, Brittney Humphries, has filed a notice of appeal from the trial
court’s September 25, 2023 order. Appellant 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, 51.208, 51.851(b), 51.941(a); Order,
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. 15-9158
(Tex. Aug. 28, 2015). On November 9, 2023, appellant was notified that this appeal
was subject to dismissal if appellate costs were not paid, or indigence was not
established, by December 11, 2023. See TEX. R. APP. P. 42.3(b), (c). Appellant did
not adequately respond.
Further, appellant has failed to timely file her appellant’s brief. See TEX. R.
APP. P. 38.6(a) (governing time to file brief). The clerk’s record in this appeal was
filed on November 16, 2023, and on November 29, 2023, the court reporter notified
the Court that no record was taken. Accordingly, appellant’s brief was due to be
filed on or before December 29, 2023. See TEX. R. APP. P. 38.6(a). Appellant did
not file an appellant’s brief.
On January 17, 2024, the Clerk of this Court notified appellant that this appeal
was subject to dismissal unless a brief, or a motion to extend time to file a brief, was
filed within ten days of the notice. See TEX. R. APP. P. 38.8(a) (governing failure of
appellant to file brief), 42.3(b) (allowing involuntary dismissal of appeal for want of
prosecution), 42.3(c) (allowing involuntary dismissal of case for failure to comply
with notice from Clerk of Court). Despite the notice that this appeal was subject to
dismissal, appellant did not adequately respond to the January 17, 2024 notice.
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Accordingly, we dismiss the appeal for nonpayment of all required fees and
for want of prosecution. See TEX. R. APP. P. 42.3(b), (c), 43.2(f). We dismiss any
pending motions as moot.
PER CURIAM
Panel consists of Justices Goodman, Countiss, and Farris.
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