Darryl Armstrong v. Jordan Reses Supply Company, Llc, Respironics, Inc. A/K/A Philips Respironics, Resmed Corp., And Vaughn Medical Equipment Repair Service, L.L.C., Marcus D. Thierry, Nicole Baxter-Thierry, Individually And D/B/A Joseph And Company A/K/A Joseph & Company A/--Appeal from 268th District Court of Fort Bend County (per curiam)

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Opinion issued November 17, 2011. In The Court of Appeals For The First District of Texas NO. 01-11-00424-CV DARRYL ARMSTRONG, Appellant V. JORDAN RESES SUPPLY COMPANY, LLC, RESPIRONICS, INC. A/K/A PHILIPS RESPIRONICS, RESMED CORP., AND VAUGHN MEDICAL EQUIPMENT REPAIR SERVICE, L.L.C., MARCUS D. THIERRY, NICOLE BAXTER-THIERRY, INDIVIDUALLY AND D/B/A JOSEPH AND COMPANY A/K/A JOSEPH & COMPANY A/K/A JOSEPH & CO., AND JOSEPH & COMPANY CONSULTING, LLC A/K/A JOSEPH & COMPANY LLC AND D/B/A JOSEPH & COMPANY AND JOSEPH & CO., Appellees On Appeal from the 268th District Court Fort Bend County, Texas Trial Court Cause No. 10DCV178015 MEMORANDUM OPINION Appellant, Darryl Armstrong, 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, appellant 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 Keyes, Higley, and Massengale. 2

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