Opinion issued June 28, 2007

In The

Court of Appeals

For The

First District of Texas

NO. 01-07-00009-CV

MICHAEL J. KAPLAN AND LILA KAPLAN, Appellants

V.

RANDALL'S FOOD MARKETS, INC., D/B/A RANDALL'S FOOD AND DRUGS, INC. AND SAFEWAY, INC. AS SUCCESSOR TO RANDALL'S FOOD MARKETS, INC. D/B/A RANDALLS FOOD AND DRUGS, INC., Appellee

On Appeal from the 133rd District Court

Harris County, Texas

Trial Court Cause No. 2006-07732

MEMORANDUM OPINION Appellants, Mitchell J. Kaplan and Lila Kaplan, have 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 2006) (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, appellants 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.

Appellants have failed to timely file a brief. See Tex. R. App. P. 38.8(a) (failure of appellant to file brief). After being notified that this appeal was subject to dismissal, appellants did not adequately respond. See Tex. R. App. P. 42.3(b) (allowing involuntary dismissal of case).

The appeal is dismissed for want of prosecution for failure to timely file a brief. All pending motions are denied.

PER CURIAM

Panel consists of Justices Taft, Jennings, and Alcala.