Opinion issued January 26, 2006

In The

Court of Appeals

For The

First District of Texas

NO. 01–05–00981–CV

KMDAN L.L.C. A/K/A AND D/B/A THE ATHLETES FOOT, Appellant

V.

THE TIMBERLAND COMPANY, Appellee

On Appeal from the County Civil Court at Law No. 2

Harris County, Texas

Trial Court Cause No. 829153

MEMORANDUM OPINIONAppellant KMDAN L.L.C. a/k/a and d/b/a The Athletes Foot 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. 2005) (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 KMDAN L.L.C. a/k/a and d/b/a The Athletes Foot 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 Jennings and Alcala.