DISMISS; Opinion issued February 13, 2013
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-12-00944-CV
IN THE INTEREST OF P.E., C.E., C.E., AND S.E., CHILDREN
On Appeal from the 301st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-10-05399
MEMORANDUM OPINION
Before Justices Moseley, Francis and Lang
Opinion by Justice Francis
This is an appeal from a judgment in favor of appellee on appellee’s sworn account.
Appellant filed an affidavit of indigence, seeking to proceed in the appeal without advance
payment of costs. See TEX. R. APP. P. 20.1(a)(2). The affidavit was contested, and the contest
sustained by the trial court. See id. 20.1(i). On appellant’s motion, we reviewed the trial court’s
order and concluded, by opinion issued November 1, 2012, that the trial court did not abuse its
discretion in sustaining the contest. See In re P.E., No. 05-12-00944-CV, 2012 WL 5378250, at
*2 (Tex. App.—Dallas Nov. 1, 2012, no pet.) (mem. op.). Accordingly, appellant was
responsible for paying the costs associated with the appeal, including the filing fee. See TEX. R.
APP. P. 20.1(i)(4), 20.1(n).
By letter dated January 18, 2013, we directed appellant to pay, within ten days, the $175
filing fee. We cautioned appellant that failure to pay the fee would result in dismissal of the
appeal without further notice. To date, appellant has not paid the fee or otherwise communicated
with the Court. Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3 (c).
/Molly Francis/
MOLLY FRANCIS
JUSTICE
120944F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
IN THE INTEREST OF P.E., C.E., C.E., On Appeal from the 301st Judicial District
AND S.E., CHILDREN Court, Dallas County, Texas (Trial Court
Cause No. DF-10-05399).
No. 05-12-00944-CV Opinion delivered by Justice Francis,
Justices Moseley and Lang participating.
In accordance with the Court’s opinion of this date, we DISMISS the appeal. We
ORDER that appellee Dan L. Wyde recover his costs of this appeal from appellant Felix
Echendu.
Judgment entered February 13, 2013.
/Molly Francis/
MOLLY FRANCIS
JUSTICE
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