DURAN v. SMITH, 01-10-00018-CV (Tex.App.-Houston [1st Dist.] 6-17-2010)

No. 01-10-00018-CVCourt of Appeals of Texas, First District, Houston.
Opinion issued June 17, 2010.

On Appeal from the 245th District Court Harris County, Texas, Trial Court Cause No. 2008-75793.

Panel consists of Justices JENNINGS, ALCALA, and MASSENGALE.

MEMORANDUM OPINION
PER CURIAM.

Appellant, Christopher Duran, has neither established indigence, nor paid all the required fees. See TEX. R. APP. P. 5 (requiring payment of fees in civil cases unless indigent), 20.1 (listing requirements for establishing indigence); see also TEX. GOV’T CODE ANN. §§ 51.207 (Vernon 2005), 51.208 (Vernon Supp. 2009); 51.941(a) (Vernon 2005), 101.041 (Vernon Supp. 2009) (listing fees in court of appeals); FEES CIV. CASES B(1), (3) (listing fees in court of appeals). 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 and deny all pending motions as moot.