Sabrina Taylor and Andre Edmond v. Larry Rasco

Opinion issued June 3, 2011

In The

Court of Appeals

For The

First District of Texas

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NO. 01-10-00859-CV

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ANDRE EDMOND AND SABRINA TAYLOR, Appellants

V.

LARRY RASCO, Appellee

On Appeal from the County Court at Law No. 1

Harris County, Texas

Trial Court Cause No. 966565

MEMORANDUM OPINION

          On October 13, 2010, the trial court sustained a contest to the affidavits of indigence filed by appellants, Andre Edmond and Sabrina Taylor.  See Tex. R. App. P. 20.1(i).  On April 25, 2011, the Court notified appellants that the required fees were past due and that the appeal was subject to dismissal if the fees were not paid within 10 days.  See Tex. R. App. P. 5 (requiring payment of fees in civil cases unless indigent); 42.3 (allowing involuntary dismissal); see also Tex. Gov’t Code Ann. §§ 51.207, 51.941(a) (Vernon 2005), § 101.041 (Vernon Supp. 2010) (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).  Appellants did not adequately respond.

          Accordingly, we dismiss the appeal for nonpayment of all required fees. 

          We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Jennings, Keyes, and Higley.