Benony Louembet v. the Rubicon Apartments

Opinion issued June 24, 2010

In The

Court of Appeals

For The

First District of Texas

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NO. 01-09-00985-CV

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BENONY LOUEMBET, Appellant

V.

THE RUBICON APARTMENTS, Appellee

On Appeal from the County Civil Court At Law No. 1

Harris County, Texas

Trial Court Case No. 948157

MEMORANDUM OPINION

          Appellant, Benony Louembet 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 (Vernon 2005); 51.208 (Vernon Supp. 2009); 51.941 (a) (Vernon 2005), 101.041 (Vernon Supp. 2009) (listing fees in courts of appeal); Fees Civ. Cases B (1), (3) (listing fees in courts of appeal). 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).

Further, appellant, Benony Louembet, has neither established indigence, nor paid or made arrangements to pay the clerk’s fee for preparing the clerk’s record.  See Tex. R. App. P. 20.1 (listing requirements for establishing indigence), 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, appellant Benony Louembet did not adequately respond.  See Tex. R. App. P. 42.3(c) (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 pay or make arrangements to pay the clerk’s fee for preparing the clerk’s record.  We deny all pending motions.

PER CURIAM

Panel consists of Justices Keyes, Hanks, and Higley.