James Pitts v. Wells Fargo Bank N.A

DISMISS; and Opinion Filed December 16, 2013. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00992-CV JAMES PITTS, Appellant V. WELLS FARGO BANK, NA, Appellee On Appeal from the County Court at Law No. 3 Dallas County, Texas Trial Court Cause No. CC-13-01680-C MEMORANDUM OPINION Before Justices O’Neill, Myers, and Brown Opinion by Justice Brown Before the Court is appellee’s November 18, 2013 motion to dismiss the appeal for failure to prosecute. Appellant did not file a response to appellee’s motion. In a postcard notice dated July 19, 2013, the Court informed appellant that the required $175 filing fee was past due. We instructed appellant to pay the fee within ten days and cautioned him that failure to do so would result in dismissal of the appeal without further notice. See TEX. R. APP. P. 42.3(c). As of today’s date, appellant has not paid the filing fee. Accordingly, we grant appellant’s motion and dismiss the appeal for want of prosecution. See TEX. R. APP. P. 42.3(b) & (c). /Ada Brown/ ADA BROWN JUSTICE 130992F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT JAMES PITTS, Appellant On Appeal from the County Court at Law No. 3, Dallas County, Texas. No. 05-13-00992-CV V. Trial Court Cause No. CC-13-01680-C. Opinion delivered by Justice Brown. WELLS FARGO BANK, NA, Appellee Justices O’Neill and Myers, participating. In accordance with this Court’s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellee, WELLS FARGO BANK, NA, recover its costs of this appeal from appellant, JAMES PITTS. Judgment entered this 16th day of December, 2013. /Ada Brown/ ADA BROWN JUSTICE –2–