Opinion issued December 2, 2010
In The
Court of Appeals
For The
First District of Texas
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NO. 01-10-00406-CV
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WAYNE R. PRESCOTT, Appellant
V.
TEXAS DOW EMPLOYEES CREDIT UNION, Appellee
On Appeal from County Court at Law No. 3 and Probate Court
Brazoria County, Texas
Trial Court Case No. CI042858
MEMORANDUM OPINION
Appellant Wayne R. Prescott has neither established indigence, nor paid all the required fees, including the clerk’s fee. 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) (authorizing dismissal when appellant fails to pay the clerk’s fee); see also Tex. Gov’t Code Ann. §§ 51.207, 51.941(a) (Vernon 2005), § 101.041 (Vernon Supp. 2010) (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, Prescott 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 Chief Justice Radack and Justices Higley and Massengale.