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

Opinion

Opinion issued November 17, 2011.

In The

Court of Appeals

For The

First District of Texas

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NO. 01-11-00424-CV

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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.