Alisa Wilson Danforth v. Fry's Electronic, Inc.

Opinion issued February 25, 2014
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-12-00739-CV
———————————
ALISA WILSON DANFORTH, Appellant
V.
FRY'S ELECTRONICS, INC., Appellee
On Appeal from the 281st District Court
Harris County, Texas
Trial Court Case No. 2011-00093
MEMORANDUM OPINION
Appellee, Fry’s Electronics, Inc., has filed a motion to dismiss this appeal,
contending that appellant, Alisa Wilson Danforth, has failed to pay the appellate
filing fees and to comply with this Court’s order requiring payment of the fees.
Fry’s Electronics requests that we dismiss the appeal. We grant the motion.
Danforth 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 18, 2013, we
ordered Danforth to pay the filing fee by September 30, 2013 and notified her that
failure to pay the fee would result in dismissal. See TEX. R. APP. P. 5, 42.3.
Danforth has failed to either pay the fees or otherwise file an adequate response.
Accordingly, we grant Fry’s Electronics’ motion and dismiss the appeal for
nonpayment of all required fees and for failure to comply with an order of this
Court. See TEX. R. APP. P. 42.3(b), (c). We dismiss any pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Massengale and Huddle.
2