Opinion issued January 20, 2005
In The
Court of Appeals
For The
First District of Texas
NO. 01–04–01060–CV
NEWMARK HOMES, L.P., Appellant
V.
INDERMUEHLE & COMPANY, Appellee
On Appeal from the 268th District Court
Fort Bend County, Texas
Trial Court Cause No. 2003CV132128
MEMORANDUM OPINIONAppellant Newmark Homes, L.P. 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 Newmark Homes, L.P. 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.