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Michael O. Whitmire v. Harris County
01-17-00235-CV
| Tex. App. | Sep 26, 2017
|
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*1 Opinion issued September 26, 2017

In The Court of Appeals For The First District of Texas ———————————— NO. 01-17-00235-CV ——————————— MICHAEL O. WHITMIRE, Appellant V.

HARRIS COUNTY, ET AL, Appellees

On Appeal from the 333rd District Court

Harris County, Texas Trial Court Case No. 2015-03976 MEMORANDUM OPINION

Appellant, Michael O. Whitmire, has neither paid the required fees nor established indigence for purposes of appellate costs. See T EX . R. A PP . P. 5, 20.1; see also T EX . G OV ’ T C ODE A NN . §§ 51.207, 51.208, 51.941(a) (West 2013), 101.041 (West Supp. 2016); Order, Fees Charged in the Supreme Court, in Civil Cases in the *2 Courts of Appeals, and Before the Judicial Panel on Multi-District Litigation, Misc. Docket No. 15-9158 (Tex. Aug. 28, 2015). Further, appellant has not paid or made arrangements to pay the fee for preparing the clerk’s record. See T EX . R. A PP . P. 37.3(b). After being notified that this appeal was subject to dismissal, appellant did not adequately respond. See T EX . R. A PP . P. 5, 37.3(b), 42.3(b), (c).

On August 16, 2017, appellees filed a motion to dismiss the appeal for want of prosecution. See T EX . R. A PP . P. 42.3. More than ten days have passed and appellant has not responded to the motion to dismiss. We grant the motion and dismiss the appeal for nonpayment of all required fees and for want of prosecution. We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Keyes and Higley.

2

Case Details

Case Name: Michael O. Whitmire v. Harris County
Court Name: Court of Appeals of Texas
Date Published: Sep 26, 2017
Docket Number: 01-17-00235-CV
Court Abbreviation: Tex. App.
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