Hanno Ehrhardt v. EMC Mortgage Corp.--Appeal from Co Civil Ct at Law No 3 of Harris County

Opinion issued April 10, 2008

In The

Court of Appeals

For The

First District of Texas

NO. 01-07-01051-CV

HANNO EHRHARDT, Appellant

V.

EMC MORTGAGE CORP., Appellee

On Appeal from the County Civil Court at Law No. 3

Harris County, Texas

Trial Court Cause No. 907181

MEMORANDUM OPINION

Appellant, Hanno Ehrhardt, 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), 101.041 (Vernon 2006) (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).

Neither has appellant paid or made arrangements to pay the clerk's fee for preparing the clerk's record. See Tex. R. App. P. 37.3(b) (allowing dismissal of appeal if no clerk's record filed due to appellant's fault). After being notified that this appeal was subject to dismissal for not paying the clerk's record, appellant Hanno Ehrhardt did not adequately respond. See Tex. R. App. P. 42.3(c) (allowing involuntary dismissal of case).

The appeal is dismissed for want of prosecution for failure to pay the appellate filing fee and for failure to pay or make arrangements to pay the trial court clerk's fee for preparation of the trial court clerk's record. All pending motions are denied.

PER CURIAM

Panel consists of Justices Taft, Keyes, and Alcala.