JAMES STANLEY WIGGINS v. MAHESH RAMCHANDANI MAHESH RAMCHANDI TMH PHYSICIAN ORGANIZATION METHODIST CARDIOVASCULAR SURGERY ASSOCIATES THE METHODIST HOSPITAL AND CARDICA INC

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

JAMES STANLEY WIGGINS, Appellant v. MAHESH RAMCHANDANI, M.D., MAHESH RAMCHANDI, M.D., P.A., TMH PHYSICIAN ORGANIZATION D/B/A METHODIST CARDIOVASCULAR SURGERY ASSOCIATES, THE METHODIST HOSPITAL, AND CARDICA, INC., Appellees

NO. 01-16-00648-CV

Decided: February 23, 2017

Panel consists of Chief Justice Radack and Justices Jennings and Bland.

MEMORANDUM OPINION

Appellant, James Stanley Wiggins, has failed to timely file a brief. See TEX. R. APP. P. 38.6(a) (governing time to file brief), 38.8(a) (governing failure of appellant to file brief). After being notified that this appeal was subject to dismissal, appellant did not adequately respond. See TEX. R. APP. P. 42.3(b) (allowing involuntary dismissal of case). Moreover, appellant 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, 51.941(a) (West 2013), 101.041(1) (West Supp. 2016); Fees Charged in the Supreme Court, in Civil Cases in the Courts of Appeals, and Before the Judicial Panel on Multi-District Litigation, Misc. Docket No. 15-9158 (Tex. Aug. 28, 2015). After being notified 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 want of prosecution for failure to timely file a brief and for nonpayment of all required fees. We dismiss any pending motions as moot.

PER CURIAM