in the Interest of P.E.,C.E.,C.E.,S.E., Children

Opinion

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

2 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.