Joseph Regina, Individually and as Trustee of the Espey Family Living Trust v. Warren Espey, Purported Trustee of the Espey Family Living Trust and Purported Agent of Donald Espey and Elizabeth Espey

Opinion

Opinion issued May 26, 2011

In The

Court of Appeals

For The

First District of Texas

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NO. 01-10-00514-CV

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JOSEPH REGINA, INDIVIDUALLY AND AS TRUSTEE OF the ESPEY FAMILY LIVING TRUST, Appellant

V.

WARREN ESPEY, PURPORTED TRUSTEE OF the ESPEY FAMILY LIVING TRUST AND PURPORTED AGENT OF DONALD ESPEY AND ELIZABETH ESPEY, Appellee

On Appeal from the 164th District Court

Harris County, Texas

Trial Court Cause No. 2009-11265

MEMORANDUM OPINION

          Appellant, Joseph Regina, Individually and as Trustee of the Espey Family Living Trust, 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 Chief Justice Radack and Justices Keyes and Higley.