Opinion
No. 01-03-01043-CV.
Opinion issued January 21, 2004.
On Appeal from the 165th District Court, Harris County, Texas, Trial Court Cause No. 2003-01375.
Attorney(s) for Appellant: Steve Stewart, Levin Kasner, 500 Summit Tower, Eleven Greenway Plaza, Houston, Tx 77046.
Attorney(s) for Appellee: Ted S. Byers, Simpson, Woolley McConachie, LLP, 2828 S. Routh St., Dallas, TX 75201.
Steven W. Collins, P.O. Box 12186, Dallas, TX 75225.
Panel consists of Justices NUCHIA, JENNINGS, and ALCALA.
MEMORANDUM OPINION
Appellant Joshua Schwager 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 Joshua Schwager 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.