Opinion issued June 24, 2010
In The
Court of Appeals
For The
First District of Texas
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NO. 01-10-00037-CV
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JOSEPH PHILLIPS, TAWANA PHILLIPS, AND RUTH DAVIS, Appellants
V.
BAYWAY HOMES, INC.; WOODVILLE CORPORATION; AND CHARLES ANDERS, Appellees
On Appeal from the County Court at Law No. 3
Galveston County, Texas
Trial Court Case No. 53684
MEMORANDUM OPINION
Appellants, Joseph Phillips, Tawana Phillips and Ruth Davis, have 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. 2009); 51.941 (a) (Vernon 2005), 101.041 (Vernon Supp. 2009) (listing fees in courts of appeal); Fees Civ. Cases B (1), (3) (listing fees in courts of appeal). 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); 42.3 (c) (allowing involuntary dismissal of case).
Further, appellants, Joseph Phillips, Tawana Phillips, and Ruth Davis, have 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, appellants Joseph Phillips, Tawana Phillips, and Ruth Davis did not adequately respond. See Tex. R. App. P. 42.3(c) (allowing involuntary dismissal of case).
We dismiss the appeal for want of prosecution for failure to pay all the required fees and for failure to pay or make arrangements to pay the clerk’s fee for preparing the clerk’s record. We deny all pending motions.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Bland and Sharp.