Opinion issued May 26, 2011

In The

Court of Appeals

For The

First District of Texas

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NO. 01-10-00663-CV

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KMT BUILDING COMPANY AND DOUGLAS JOSLYN, INDIVIDUALLY, Appellants

V.

RIMKUS CONSULTING GROUP, Appellee

On Appeal from the 157th District Court

Harris County, Texas

MEMORANDUM OPINION

          Appellants, KMT Building Company and Douglas Joslyn, Individually, 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, 51.941(a) (Vernon 2005), § 101.041 (Vernon Supp. 2010) (listing fees in court of appeals); Order Regarding Fees Charged in Civil Cases in the Supreme Court and the Courts of Appeals and Before the Judicial Panel on Multidistrict Litigation, Misc. Docket No. 07-9138 (Tex. Aug. 28, 2007), reprinted in Tex. R. App. P. app. A § B(1) (listing fees in court of appeals).  After being notified that this appeal was subject to dismissal, appellants 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 dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Jennings, Bland, and Massengale.