The opinion
Opinion issued February 14, 2013
In The
Court of Appeals
For The
First District of Texas
NO. 01-12-01060-CV
DEMETRIA JOHNSON, Appellant
V.
MOHAMAD AKBARI, Appellee
On Appeal from County Court at Law No. 4
Fort Bend County, Texas
Trial Court Cause No. 12CCV049153
MEMORANDUM OPINION
Appellee, Mohamad Akbari, has filed a motion to dismiss the appeal for
want of prosecution because appellant, Demetria Johnson, has failed to pay the
required filing fee. We grant the motion and dismiss the appeal.
The filing fee was due on December 3, 2012. 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 Court’s records reflect that appellant has neither paid the required filing
fee for the appeal nor established indigence for purposes of appellate costs. After
being notified that the appeal was subject to dismissal, appellant did not respond.
See TEX. R. APP. P. 5 (allowing enforcement of rule); 42.3(b), (c) (authorizing
involuntary dismissal of case). In addition, appellant did not respond to appellee’s
motion to dismiss the appeal.
Accordingly, we grant appellee’s motion and dismiss the appeal for want of
prosecution. We dismiss all other pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Higley and Brown.