The opinion
Opinion issued April 23, 2013
In The
Court of Appeals
For The
First District of Texas
NO. 01-12-01120-CV
ANDRE MARTINEZ, Appellant
V.
ABRAHAM ROMERO, Appellee
On Appeal from the County Court at Law No. 2
Harris County, Texas
Trial Court Cause No. 1006566
MEMORANDUM OPINION
Appellee Abraham Romero moves to dismiss the appeal because appellant
Andre Martinez has neither paid the required filing fee for this appeal nor
established indigence for purposes of appellate costs. See TEX. R. APP. P. 5 (“A
party who is not excused by statute or these rules from paying costs must pay—at
the time an item is presented for filing—whatever fees are required by statute or
Supreme Court order.”), 20.1 (listing requirements for establishing indigence); see
also TEX. GOV’T CODE ANN. § 51.207 (West Supp. 2012), §.51.941(a) (West
2005), § 101.041 (West Supp. 2012) (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). The filing fee was due on December 31, 2012.
After being notified that this appeal was subject to dismissal, appellant did not
respond. See TEX. R. APP. P. 5 (allowing enforcement of rule); 42.3(c) (allowing
involuntary dismissal of appeal). Further, appellant did not respond to appellee’s
motion to dismiss the appeal.
Accordingly, we grant appellee’s motion and dismiss the appeal. We
dismiss any pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Higley and Brown.
2