Opinion issued August 27, 2009
In The
Court of Appeals
For The
First District of Texas
NO. 01-09-00243-CV
LARYAN LEWIS, Appellant
V.
JOHN DELMAS SMITH, Appellee
On Appeal from the 312th District Court
Harris County, Texas
Trial Court Cause No. 2005-79574
MEMORANDUM OPINION Appellant 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 Laryan Lewis did not adequately respond. See Tex. R. App. P. 5 (allowing enforcement of rule); 42.3(c) (allowing involuntary dismissal of case).
Appellant Laryan Lewis has failed to timely file a brief. See Tex. R. App. P. 38.8(a) (failure of appellant to file brief). After being notified that this appeal was subject to dismissal for failure to file a brief, appellant did not adequately respond. See Tex. R. App. P. 42.3(b) (allowing involuntary dismissal of case).
We dismiss the appeal for nonpayment of all required fees and for failing to file a timely brief. We deny all pending motions.
PER CURIAM
Panel consists of Justices Jennings, Alcala, and Higley.