Opinion issued May 11, 2006

In The

Court of Appeals

For The

First District of Texas

NO. 01–06–00297–CV

JACK DANIEL d/b/a DANIEL RENTALS,

AND FERRIS INDUSTRIES, INC., Appellants

V.

EDWARD RICHARDSON, Appellee

On Appeal from the County Court at Law No. 1 and Probate Court

Brazoria County, Texas

Trial Court Cause No. C1030622

MEMORANDUM OPINIONAppellant Jack Daniel d/b/a Daniel Rentals and Ferris Industries, Inc. 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 Jack Daniel d/b/a Daniel Rentals and Ferris Industries, Inc. 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 Jennings, Hanks, and Higley.