Carl S. Birk v. FIA Card Services

Court: Court of Appeals of Texas
Date filed: 2009-10-01
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Opinion issued October 1, 2009









In The

Court of Appeals

For The

First District of Texas





NO. 01-09-00540-CV





CARL S. BIRK, Appellant


V.


FIA CARD SERVICES, Appellee





On Appeal from the 281st District Court

Harris County, Texas

Trial Court Cause No. 2007-45705





MEMORANDUM OPINIONAppellant 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 (Vernon 2005), 51.208 (Vernon Supp. 2008); 51.941(a) (Vernon 2005), 101.041 (Vernon Supp. 2008) (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 Carl S. Birk did not adequately respond. See Tex. R. App. P. 5 (allowing enforcement of rule); 42.3(c) (allowing involuntary dismissal of case).

          We dismiss the appeal for nonpayment of all required fees. We deny all pending motions.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Bland and Massengale.