Numerous appeals get dismissed because the appellant - for whatever reason - does not pay the filing fee, does not pay the court reporter, or does not pay the trial court's clerk for preparation of the appellate record (or a combination of these). The dismissal opinion in a case dissed today is routine, except for one additional twist: The unrepresented appellant apparently disappeared, or at least became unreachable. That too, can net dismissal.
MEMORANDUM OPINION ON DISMISSAL OF APPEAL
Appellant, [name omitted], has neither established indigence nor paid
all the required fees. See Tex. R. App.
P. 5 (requiring payment of fees in civil cases unless indigent), 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). On May 27, 2011, the Court
notified appellant that the appeal was subject to dismissal if he did not
respond within 10 days. See Tex. R. App.
P. 5 (allowing enforcement of rule); 42.3(c) (allowing involuntary dismissal of
case). The notice was returned as
undeliverable.
A pro se appellant is required to keep this Court apprised of his
current mailing address. See Tex. R.
App. P. 6.3(c), 9.1(b).
Because appellant has failed to pay the filing fee and has failed to
comply with the Rules of Appellate Procedure, we dismiss the appeal. See Tex. R. App. P. 5, 9.1(b), 37.3(b), and
42.3(b), (c). We dismiss any pending
motions as moot.
PER CURIAM
Panel consists of Justices Bland, Massengale, and Brown.
SOURCE: HOUSTON COURT OF APPEALS - 01-11-00291-CV - 5/17/12
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