Clarence Beasley v. Tracette House

Opinion issued December 13, 2012

In The Court of Appeals For The First District of Texas

NO. 01-12-00947-CV

CLARENCE BEASLEY, Appellant

V.

TRACETTE HOUSE, Appellee

On Appeal from the County Civil Court at Law No. 2 Harris County, Texas Trial Court Cause No. 1009109

MEMORANDUM OPINION

Appellant, Clarence Beasley, has neither paid the required fees nor established indigence for purposes of appellate costs. See TEX. R. APP. P. 5, 20.1; see also TEX. GOV’T CODE ANN. § 51.207 (West Supp. 2012), § 51.941(a) (West *2 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). Although appellant filed a document styled as a “Paupers [sic] Affidavit”, this document does not in fact constitute an affidavit and fails to invoke Rule of Appellate Procedure 20.1. See TEX. R. APP. P. 20.1(a)(2)(A); see also TEX. GOV’T CODE ANN. § 312.011(1) (West 2005); Humphreys v. Caldwell, 888 S.W.2d 469, 470–71 (Tex. 1994); In re B.N., 303 S.W.3d 16, 18 (Tex. App.—Waco 2009, no pet.); cf. TEX. CIV. PRAC. & REM. CODE ANN. § 132.001 (West Supp. 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).

We dismiss the appeal for nonpayment of all required fees.

We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Keyes, Massengale, and Brown.