Renesha Hamburg and Lee Sims v. Crystal D. Plummer and Quetta Spruill ( 2020 )

Opinion issued April 14, 2020
In The
Court of Appeals
For The
First District of Texas
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NO. 01-20-00032-CV
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IN THE INTEREST OF K.J.S., A CHILD
On Appeal from the 328th District Court
Fort Bend County, Texas
Trial Court Case No. 19-DCV-269188
MEMORANDUM OPINION
Appellant, Renesha Hamburg, has filed a motion to dismiss her appeal,
stating she “no longer desires to prosecute this appeal.” No opinion has issued.
See TEX. R. APP. P. 42.1(a)(1), (c). Although the motion does not include a
certificate of conference, more than ten days have passed, and no party has
opposed Hamburg’s motion. See TEX. R. APP. P. 10.1(a)(5), 10.3(a).
Accordingly, we grant Hamburg’s motion and dismiss her appeal. See TEX.
R. APP. P. 42.1(a)(1), 43.2(f).
Appellant, Lee Sims, 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), § 101.041; Order, 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). Further, Sims has not paid or made arrangements to pay the fee for
preparing the clerk’s record. See TEX. R. APP. P. 37.3(b). After being notified that
this appeal was subject to dismissal, Sims did not adequately respond. See TEX. R.
APP. P. 5; 42.3(c).1
Accordingly, we dismiss Sim’s appeal for nonpayment of all required fees
and for want of prosecution.
We dismiss any pending motions as moot.
PER CURIAM
Panel consists of Justices Keyes, Lloyd, and Hightower.
1
Hamburg also 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), § 101.041; Order, 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). Nor
did Hamburg pay or make arrangements to pay the fee for preparing the clerk’s
record. See TEX. R. APP. P. 37.3(b).
2