Opinion issued March 18, 2010

In The

Court of Appeals

For The

First District of Texas

NO. 01-09-01036-CV

MTSANDOVAL, Appellant

V.

OFFICE MAX, INC., Appellee

On Appeal from the 281st District Court

Harris County, Texas

Trial Court Cause No. 2007-19734

MEMORANDUM OPINION

          Appellant MTSandoval 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. 2009) (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 did not adequately respond. See Tex. R. App. P. 5 (allowing enforcement of rule); 42.3(c) (allowing involuntary dismissal of case).

          Appellant 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 trial court clerk’s record filed due to appellant’s fault). After being notified that this appeal was subject to dismissal, appellant 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 due to nonpayment of the appellate filing fee and no payment for arrangement to pay for the trial court clerk’s record. All pending motions are denied as moot.

PER CURIAM

Panel consists of Justices Keyes, Sharp, and Massengale.