The opinion
Opinion issued April 2, 2013
In The
Court of Appeals
For The
First District of Texas
NO. 01-12-00513-CV
C.S. MARBLE & GRANITE, INC. CLAYTON M. SCHWARZ,
INDIVIDUALLY, AND SUZANNE L. SCHWARZ, INDIVIDUALLY,
Appellants
V.
CIT SMALL BUSINESS LENDING CORPORATION, Appellee
On Appeal from the 234th District Court
Harris County, Texas
Trial Court Cause No. 2011-56171
MEMORANDUM OPINION
Appellants, C.S. Marble & Granite, Inc., Clayton M. Schwarz, and Suzanne
L. Schwarz, have neither paid the required fees nor established indigence for
purposes of appellate costs. 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 (West Supp. 2012), § 51.941(a) (Vernon
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 May 30, 2012. After
being notified that this appeal was subject to dismissal, appellants did not respond.
See TEX. R. APP. P. 5 (allowing enforcement of rule); 42.3 (allowing involuntary
dismissal of appeal). Further, appellee has moved to dismiss the appeal for want of
prosecution. Appellants did not respond.
We grant the motion and dismiss the appeal for want of prosecution. We
dismiss any pending motions as moot.
PER CURIAM
Panel consists of Justices Chief Justice Radack and Justices Higley and Brown.
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