BIRK v. FIA CARD

Full title: CARL S. BIRK, Appellant v. FIA CARD SERVICES, Appellee

Court: Court of Appeals of Texas, First District, Houston

Date published: Oct 1, 2009

No. 01-09-00540-CV (Tex. App. Oct. 1, 2009)

Opinion

No. 01-09-00540-CV

Opinion issued October 1, 2009.

On Appeal from the 281st District Court, Harris County, Texas, Trial Court Cause No. 2007-45705.

Panel consists of Chief Justice RADACK and Justices BLAND and MASSENGALE.

MEMORANDUM OPINION

PER CURIAM.

Appellant 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. 2008); 51.941(a) (Vernon 2005), 101.041 (Vernon Supp. 2008) (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 Carl S. Birk 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 deny all pending motions.