Opinion issued December 30, 2004

In The

Court of Appeals

For The

First District of Texas

NO. 01–04–01034–CV

ELVIS WAYNE KELLEY, Appellant

V.

R. M. KIMZEY, INDIVIDUALLY AND AS TRUSTEE OF THE CRAWFORD 1984 TRUST AND AS ATTO, DONALD M. CRAWFORD, INDIVIDUALLY, AND AS GENERAL PARTNER OF WUNDERLICH RESOURCES, CRAWFORD 1984 FAMILY TRUST, WUNDERLICH RESOURCES, LTD AND COLT HAACK, INDIVIDUALLY AND D/B/A COLDWELL BANKER PROPERTIES UNLIMITED, Appellees

On Appeal from the 9th District Court

Waller County, Texas

Trial Court Cause No. 99-06-15017

MEMORANDUM OPINIONAppellant Elvis Kelley 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, 51.941(a), 101.041 (Vernon Supp. 2004) (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 Elvis Kelley 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 Nuchia and Bland.