Opinion issued April 28, 2004

In The

Court of Appeals

For The

First District of Texas

NO. 01–04–00255–CV

CYNTHIA SCHULIN, INDIVIDUALLY AND A/N/F OF CODY SCHULIN AND TYLER SCHULIN, Appellant

V.

LAWRENCE ESEKODY, Appellee

On Appeal from the County Civil Court at Law No. 3

Harris County, Texas

Trial Court Cause No. 726256

MEMORANDUM OPINIONAppellant Cynthia Schulin, Individually and a/n/f of Cody Schulin and Tyler Schulin 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, appellant Cynthia Schulin, Individually and a/n/f of Cody Schulin and Tyler Schulin did not adequately respond. See Tex. R. App. P. 42.3(c) (allowing involuntary dismissal of case).

          The appeal is dismissed for want of prosecution for failure to pay or make arrangements to pay the clerk’s fee. All pending motions are denied.

PER CURIAM

Panel consists of Justices Nuchia, Jennings, and Keyes.