Opinion issued July 31, 2008

In The

Court of Appeals

For The

First District of Texas

NO. 01-06-00909-CV

DR. GEORGE SMITH, Appellant

V.

DONALD R. WATKINS MEORIAL FOUNDATION, KATANA JENNINGS, VANESSA SAMPSON, GERALD WOMACK, JAMES ELLIS AND SHARYON GATHE, Appellees

On Appeal from the 55th District Court

Harris County, Texas

Trial Court Cause No. 2005-41128

MEMORANDUM OPINION Appellant, Dr. George Smith, 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, Smith did not adequately respond. See Tex. R. App. P. 42.3(c) (allowing involuntary dismissal of case).

We dismiss the appeal for want of prosecution for failure to pay or make arrangements to pay the clerk's fee of preparation of the clerk's record. We deny all pending motions.

PER CURIAM

Panel consists of Justices Taft, Jennings, and Bland.