The opinion
Opinion issued October 18, 2012
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-12-00680-CV
———————————
DEBRA HUETT, Appellant
V.
PAUL CHENG, Appellees
On Appeal from the County Civil Court at Law No. 4
Harris County, Texas
Trial Court Cause No. 2010-09881
MEMORANDUM OPINION
Appellant, Debra Huett, 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 (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 September 7, 2012, appellant was
ordered to pay the filing fee by September 19, 2012, or the appeal would be
dismissed. See TEX. R. APP. P. 5 (allowing enforcement of rule); 42.3(c) (allowing
involuntary dismissal of case). After being notified that this appeal was subject to
dismissal, appellant responded, but the response did not demonstrate grounds for
continuing the appeal, and the appellant has not paid the fee. See TEX. R. APP. P.
5; 42.3(c).
We dismiss the appeal for failure to pay the filing fee. We dismiss any
pending motions as moot.
PER CURIAM
Panel consists of Justices Keyes, Massengale, and Brown.
2