Regina Burleson, Sandra Army, and the Estate of Lee Kie v. Davita Healthcare Inc., Davita Renal Care Inc., Davita Southeast Inc., Davita Texas, Inc., Astro Dialysis L.L.P., Dr. John Ike, Tish Holden, Andrew Dancy

Opinion issued June 9, 2005









In The

Court of Appeals

For The

First District of Texas





NO. 01–05–00223–CV





REGINA BURLESON, SANDRA ARMY, AND THE ESTATE OF LEE KIE, Appellants


V.


DAVITA HEALTHCARE, INC.; DAVITA RENAL CARE, INC.; DAVITA SOUTHEAST, INC.; DAVITA TEXAS, INC.; ASTRO DIALYSIS, L.L.P.; DR. HOHN IKE; TISH HOLDEN; AND ANDREW DANCY, Appellees





On Appeal from the 281st District Court

Harris County, Texas

Trial Court Cause No. 2003-69902





MEMORANDUM OPINIONAppellants Regina Burleson, Sandra Army, and the Estate of Lee Kie have 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. 2004-2005) (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, appellants Regina Burleson, Sandra Army, and the Estate of Lee Kie 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 Chief Justice Radack and Justices Nuchia and Keyes.