Wayne R. Prescott v. Texas Dow Employees Credit Union--Appeal from Co Ct at Law No 3 & Probate Ct of Brazoria County

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Opinion issued December 2, 2010 In The Court of Appeals For The First District of Texas NO. 01-10-00406-CV WAYNE R. PRESCOTT, Appellant V. TEXAS DOW EMPLOYEES CREDIT UNION, Appellee On Appeal from County Court at Law No. 3 and Probate Court Brazoria County, Texas Trial Court Case No. CI042858 MEMORANDUM OPINION Appellant Wayne R. Prescott has neither established indigence, nor paid all the required fees, including the clerk s fee. See TEX. R. APP. P. 5 (requiring payment of fees in civil cases unless indigent), 20.1 (listing requirements for establishing indigence), 37.3(b) (authorizing dismissal when appellant fails to pay the clerk s fee); 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); FEES CIV. CASES B(1), (3) (listing fees in court of appeals). After being notified that this appeal was subject to dismissal, Prescott did not adequately respond. See TEX. R. APP. P. 5 (allowing enforcement of rule); 42.3(c) (allowing involuntary dismissal of case). The appeal is dismissed for nonpayment of all required fees. All pending motions are denied. PER CURIAM Panel consists of Chief Justice Radack and Justices Higley and Massengale. 2

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