Opinion issued April 24, 2008

In The

Court of Appeals

For The

First District of Texas

NO. 01-06-01008-CV

STEPHANIE ROQUMORE, Appellant

V.

VIRGINIA POWER ENERGY MARKETING, INC., Appellee

On Appeal from the 164th District Court

Harris County, Texas

Trial Court Cause No. 2005-77340

MEMORANDUM OPINION We dismiss this appeal for want of prosecution. Neither appellant, Stephanie Roqumore, nor her trustee in bankruptcy has taken any action to prosecute this appeal in over one and and one-half years. We advised appellant that by a date certain, she should provide us with a status report on the bankruptcy proceeding in which she was involved. The date certain passed without appellant providing us with the status report. Nevertheless, appellee did provide us with a status report regarding appellant's bankruptcy. It showed appellant was discharged from the bankruptcy on June 1, 2007.

At our direction, the Clerk of the Court advised appellant that by a date certain appellant should file a motion to reinstate the appeal in accordance with Texas Rule of Appellate Procedure 8.3 (providing that a party may move the appellate court to reinstate the appeal if permitted by federal law). The date certain has passed and appellant has not filed a motion to reinstate the appeal.

Appellant 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 (Vernon 2005), 51.208 (Vernon Supp. 2007); 51.941(a) (Vernon 2005), 101.041 (Vernon Supp. 2007) (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 Stephanie Roqumore did not adequately respond. See Tex. R. App. P. 5 (allowing enforcement of rule); 42.3(c) (allowing involuntary dismissal of case).

Appellant has 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, appellant did not adequately respond. See Tex. R. App. P. 42.3(b) (allowing involuntary dismissal of case).

We reinstate the appeal. We dismiss the appeal because appellant has failed to comply with a requirement of a notice from the Clerk of the Court requiring a response, because appellant has neither established indigence nor paid all required fees, and because appellant has failed to file a brief. Tex. R. App. P. 42.3(b), (c); 38.8(a)(1).We deny all pending motions.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Jennings and Bland.