Opinion issued October 9, 2008

In The

Court of Appeals

For The

First District of Texas

NO. 01-07-00311-CV

JOHNNIE BURNETT, Appellant

V.

DONALD W. HAGEDORN, Appellee

On Appeal from the 234th District Court

Harris County, Texas

Trial Court Cause No. 2004-09821

MEMORANDUM OPINION Appellant Johnnie Burnett has 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 Johnnie Burnett 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 Chief Justice Radack and Justices Nuchia and Higley.