Opinion issued May 26, 2016

In The Court of Appeals For The First District of Texas ———————————— NO. 01-16-00173-CV ——————————— MARIE WHITTAKER, Appellant V. DIRECT ENERGY MARKETING, LTD., Appellee

On Appeal from the 61st District Court Harris County, Texas Trial Court Case No. 2013-68766

MEMORANDUM OPINION Appellant, Marie Whittaker, has neither paid the required fees nor established indigence for purposes of appellate costs. See TEX. R. APP. P. 5, 20.1; see also TEX. GOV’T CODE ANN. §§ 51.207, 51.941(a), 101.041 (West Supp. 2015); Fees Charged in the Supreme Court, in Civil Cases in the Courts of Appeals, and before the Judicial Panel on Multi-District Litigation, Misc. Docket No. 15-9158 (Tex. Aug. 28, 2015).

Further, appellant has failed to timely file a brief. See TEX. R. APP. P. 38.6(a) (governing time to file brief), 38.8(a) (governing 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 dismiss the appeal for nonpayment of required fees and want of prosecution. We dismiss any pending motions as moot.

PER CURIAM

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