Opinion issued February 10, 2004

In The

Court of Appeals

For The

First District of Texas

NO. 01-03-01165-CV

THOMAS G. MINNEX, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF ALLIE MINNEX, DECEASED, Appellant

V.

MINER DEDERICK CONSTRUCTORS, INC. AND MAGNOLIA SERVICES, INC., Appellees

On Appeal from Probate Court No. 1

Harris County, Texas

Trial Court Cause No. 200327369-402

MEMORANDUM OPINIONAppellant Thomas G. Minnex, Individually and as Representative of the Estate of Allie Minnex, Deceased, 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 Thomas G. Minnex, Individually and as Representative of the Estate of Allie Minnex, Deceased, 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 Taft, Keyes, and Jennings.