Astermit, Inc. D/B/A Quality Lube Center and Assignee of Oil Change Ventures, Inc. v. SW Parkway Management, Inc. and HO & Huang, L.P.

Opinion issued June 7, 2007















In The

Court of Appeals

For The

First District of Texas




NO. 01-06-00586-CV




ASTERMIT, INC. D/B/A QUALITY LUBE CENTER AND ASSIGNEE OF OIL CHANGE VENTURES, INC., Appellant



V.



SW PARKWAY MANAGEMENT, INC. AND HO & HUANG L.P., Appellees




On Appeal from the 80th District Court

Harris County, Texas

Trial Court Cause No. 2004-455799




MEMORANDUM OPINION Appellant 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 Astermit, Inc. d/b/a Quality Lube Center and Assignee of Oil Change Ventures, Inc. 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 Chief Justice Radack and Justices Keyes and Higley.