MHL Homebuilders LLC v. Hope Lumber and Supply Company ( 2005 )

Opinion issued September 29, 2005

In The

Court of Appeals  

For The

First District of Texas  

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  NO. 01–05–00474–CV

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MHL HOMEBUILDERS L. L. C., Appellant

V.

HOPE LUMBER AND SUPPLY COMPANY, Appellee

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On Appeal from the County Civil Court at Law No. 4

Harris County, Texas

Trial Court Cause No. 829,571

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MEMORANDUM OPINIONAppellant MHL Homebuilders L.L.C. 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 MHL Homebuilders L.L.C. did not adequately respond. See Tex. R. App. P. 42.3(c) (allowing involuntary dismissal of case).

          The appeal is dismissed for want of prosecution for failure to pay or make arrangements to pay the clerk’s fee. All pending motions are denied.

PER CURIAM

Panel consists of Justices Taft, Hanks, and Bland.