Opinion issued June 10, 2004

In The

Court of Appeals

For The

First District of Texas

NO. 01–04–00290–CV

KENNETH W. MENARD, SR., Appellant

V.

JODIE MILLER, Appellee

On Appeal from the 23rd District Court

Brazoria County, Texas

Trial Court Cause No. 19815*102

MEMORANDUM OPINIONAppellant Kenneth Menard, Sr. 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 Kenneth Menard, Sr. 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 Justices Nuchia, Hanks, and Higley.