Stanislav Kodejs, Individually and on behalf of the Estate of Libuse Kodejs, M.D., Marta Karenova, and Kristyna Karenova v. Aldora Divers, First Class Dive Corp., and David L. Dillehay, Sr.--Appeal from 10th District Court of Galveston County

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Opinion issued April 10, 2008

 

 

In The

Court of Appeals

For The

First District of Texas

 

NO. 01-07-01045-CV

 

STANISLAV KODEJS, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF LIBUSE KODEJS, M.D.; MARTA KARENOVA; AND KRISTYNA KARENOVA, Appellants

 

V.

 

ALDORA DIVERS, FIRST CLASS DIVE CORP., AND DAVID L. DILLEHAY, SR., Appellees

 

On Appeal from the 10th District Court

Galveston County, Texas

Trial Court Cause No. 2005CV0249

 

MEMORANDUM OPINION Appellants Stanislav Kodejs, Individually and on behalf of the Estate of Libuse Kodejs, M.D.; Marta Karenova; and Kristyna Karenova have 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. 2007) (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, appellants Stanislav Kodejs, Individually and on behalf of the Estate of Libuse Kodejs, M.D.; Marta Karenova; and Kristyna Karenova did not adequately respond. See Tex. R. App. P. 5 (allowing enforcement of rule); 42.3(c) (allowing involuntary dismissal of case).

Appellants Stanislav Kodejs, Individually and on behalf of the Estate of Libuse Kodejs, M.D.; Marta Karenova; and Kristyna Karenova have failed to timely file a brief. See Tex. R. App. P. 38.8(a) (failure of appellant to file brief). After being notified that this appeal was subject to dismissal, appellants did not adequately respond. See Tex. R. App. P. 42.3(b) (allowing involuntary dismissal of case).

We dismiss the appeal for want of prosecution for failure to pay all the required fees and for failure to timely file a brief. We deny all pending motions.

 

PER CURIAM

Panel consists of Justices Nuchia, Hanks, and Higley.

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