First Cap. Int. v. Mission Bend C. Maint.

Full title: FIRST CAPITAL INTEREST, L.L.C., Appellant, v. MISSION BEND COMMERCIAL…

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

Date published: Sep 23, 2004

No. 01-04-00746-CV (Tex. App. Sep. 23, 2004)

Opinion

No. 01-04-00746-CV

Opinion issued September 23, 2004.

On Appeal from the 189th District Court Harris County, Texas, Trial Court Cause No. 2001-21141.

Jerry L. Schutza, Houston, TX, for Appellant.

W. Austin Barsalou, Houston, TX, for Appellee.

Panel consists of Justices NUCHIA, KEYES, and HANKS.

MEMORANDUM OPINION

PER CURIAM.

Appellant First Capital Interest, L.L.C. 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, 51.941(a), 101.041 (Vernon Supp. 2004) (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 First Capital Interest, L.L.C. did not adequately respond. See TEX. R. APP. P. 5 (allowing enforcement of rule); 42.3(c) (allowing involuntary dismissal of case).

The appeal is dismissed for nonpayment of all required fees. All pending motions are denied.