Otis Talbert v. Dante Gregory

Opinion issued September 9, 2004









In The

Court of Appeals

For The

First District of Texas





NO. 010400543CV





OTIS TALBERT, Appellant


V.


DANTE GREGORY, Appellee





On Appeal from the 310th District Court

Harris County, Texas

Trial Court Cause No. 2004-11833





MEMORANDUM OPINIONAppellant Otis Talbert has neither established indigence, nor paid or made arrangements to pay the clerk’s fee for preparing the clerk’s record. See Tex. R. App. P. 20.1 (listing requirements for establishing indigence), 37.3(b) (allowing dismissal of appeal if no clerk’s record filed due to appellant’s fault). After being notified that this appeal was subject to dismissal, appellant Otis Talbert did not adequately respond. See Tex. R. App. P. 42.3(c) (allowing involuntary dismissal of case).

          The appeal is dismissed for want of prosecution for failure to pay or make arrangements to pay the clerk’s fee. All pending motions are denied.

PER CURIAM

Panel consists of Justices Nuchia, Jennings, and Keyes.