Thursday, May 17, 2012

Pro Se Appellant did not update his mailing address (or pay, for that matter). There goes the appeal…

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.


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.
Panel consists of Justices Bland, Massengale, and Brown.
SOURCE: HOUSTON COURT OF APPEALS - 01-11-00291-CV - 5/17/12

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