Joshua Schwager v. Bellagio, a Wholly Owned Subsidiary of Mirage Resorts, Inc.

Opinion issued January 21, 2004









In The

Court of Appeals

For The

First District of Texas





NO. 01-03-01043-CV





JOSHUA SCHWAGER, Appellant


V.


BELLAGIO, A Wholly Owned Subsidiary of MIRAGE RESORTS, INCORPORATED, Appellee





On Appeal from the 165th District Court

Harris County, Texas

Trial Court Cause No. 2003-01375





MEMORANDUM OPINIONAppellant 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.

PER CURIAM

Panel consists of Justices Nuchia, Jennings, and Alcala.