Evelyn Wyatt, Appellant v. Cynthia M. Simon, Jerry L. Schutza, Jaikshin S. Bhagia and Nanik S. Bhagia, Appellees

Reset A A Font size: Print

Court of Appeals of Texas, Houston (1st Dist.).

Evelyn Wyatt, Appellant v. Cynthia M. Simon, Jerry L. Schutza, Jaikshin S. Bhagia and Nanik S. Bhagia, Appellees

NO. 01-15-00497-CV

Decided: February 25, 2016

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

MEMORANDUM OPINION

Appellant, Evelyn Wyatt, via counsel, timely filed a notice of appeal in the trial court from the final judgment, signed on March 3, 2015, granting summary judgment.  See Tex . R. App . P. 26.1(a)(1).  However, appellant, now proceeding pro se after her counsel's motion to withdraw was granted by this Court, has neither paid nor made arrangements to pay the fee for preparing the clerk's record.  See id. 37.3(b).  After being notified by the Clerk of this Court on October 19, 2015, and again by this Court's Order on January 12, 2016, that this appeal was subject to dismissal for failure to pay the clerk's record fee, appellant did not timely respond.  See id. 37.3(b), 42.3(b), (c).

Accordingly, we dismiss the appeal for nonpayment of all required fees and for want of prosecution.  See Tex . R. App . P. 37.3(b), 42.3(b), (c).  We dismiss any pending motions as moot.

PER CURIAM