Opinion issued January 15, 2009

In The

Court of Appeals

For The

First District of Texas

NO. 01-08-0718-CV

AUGUSTINE RODRIGUEZ, Appellant

V.

CITIBANK (SOUTH DAKOTA), N.A., Appellee

On Appeal from the County Civil Court at Law No. 1

Harris County, Texas

Trial Court Cause No. 912020

MEMORANDUM OPINIONAppellant 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. 2008); 51.941(a) (Vernon 2005), 101.041 (Vernon Supp. 2008) (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 David Smith did not adequately respond. See Tex. R. App. P. 5 (allowing enforcement of rule); 42.3(c) (allowing involuntary dismissal of case).

          We dismiss the appeal for nonpayment of all required fees. We deny all pending motions.

PER CURIAM

Panel consists of Justices Taft, Bland, and Sharp.