The opinion
Opinion issued October 11, 2012
In The
Court of Appeals
For The
First District of Texas
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NO. 01-12-00740-CV
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ALBERT LUJAN D/B/A TEXAS WHOLESALE FLOWER COMPANY,
Appellant
V.
NAVISTAR FINANCIAL CORPORATION, Appellee
On Appeal from the 80th District Court
Harris County, Texas
Trial Court Cause No. 2011-35191
MEMORANDUM OPINION
Appellant, Albert Lujan d/b/a Texas Wholesale Flower Company, 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 August 16, 2012, appellant was notified that this appeal was subject
to dismissal if the filing fee was not paid by August 27, 2012. After being notified
that this appeal was subject to dismissal, appellant did not adequately respond. See
TEX. R. APP. P. 5 (allowing enforcement of rule); 42.3(c) (allowing involuntary
dismissal of case). Appellant was again notified on August 30, 2012 that the
appeal was subject to dismissal for failure to pay the filing fee. After being
notified a second time that this appeal was subject to dismissal, appellant did not
adequately respond. 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.
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