Ali Yazdchi v. Nexcess Motorcars

Opinion issued June 28, 2007















In The

Court of Appeals

For The

First District of Texas




NO. 01-07-00185-CV




ALI YAZDCHI, Appellant



V.



NEXCESS MOTORCARS, Appellee




On Appeal from the 165th District Court

Harris County, Texas

Trial Court Cause No. 2005-9700




MEMORANDUM OPINION Appellant, Ali Yazdchi, has neither established indigence, nor paid all the required fees, nor paid or made arrangements to pay the clerk's fee for preparing the clerk's record. See Tex. R. App. P. 5 (requiring payment of fees in civil cases unless indigent), 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); see also Tex. Gov't Code Ann. §§ 51.207, 51.941(a), 101.041 (Vernon 2006) (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 did not adequately respond. See Tex. R. App. P. 5 (allowing enforcement of rule); 37.3(b) (allowing dismissal of appeal if no clerk's record filed due to appellant's fault); 42.3(c) (allowing involuntary dismissal of case).

We dismiss the appeal for want of prosecution for nonpayment of all required fees and for failure to pay or make arrangements to pay the trial court clerk's fee for preparation of the clerk's record. We deny all pending motions.PER CURIAM

Panel consists of Justices Taft, Jennings, and Alcala.