Latoya Smith and Melvin Smith v. US Bank NA Trustee as Successor to Bank of America NA as Successor by Merger to LaSalle Bank NA as Trustee Fo Rthe Certificateholders of the MLMI Trust Mortgage Loan Asset Backed Certificates Series 2006-RM1

Opinion

Opinion issued March 14, 2013

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-13-00061-CV ——————————— LATOYA SMITH AND MELVIN SMITH, Appellants V. US BANK NA AS TRUSTEE AS SUCCESSOR TO BANK OF AMERICA NA AS SUCCESSOR BY MERGER TO LASALLE BANK NA AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE MLMI TRUST MORTGAGE LOAN ASSET BACKED CERTIFICATES SERIES 2006- RM1, Appellee

On Appeal from the County Court at Law No. 1 Fort Bend County, Texas Trial Court Cause No. 12-CCV-049615

MEMORANDUM OPINION Appellants, Latoya Smith and Melvin Smith, have neither paid the required

filing fee for this appeal nor established indigence for purposes of appellate costs.

See TEX. R. APP. P. 5 (“A party who is not excused by statute or these rules from

paying costs must pay—at the time an item is presented for filing—whatever fees

are required by statute or Supreme Court order.”), 20.1 (listing requirements for

establishing indigence); see also TEX. GOV’T CODE ANN. § 51.207 (Vernon Supp.

2011), § 51.941(a) (Vernon 2005), § 101.041 (Vernon Supp. 2011) (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). On January 17, 2013,

appellants were notified that this appeal was subject to dismissal if the filing fee

was not paid by January 28, 2013. After being notified that this appeal was subject

to dismissal, appellants 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 failure to pay the filing fee. We dismiss any

pending motions as moot.

PER CURIAM

Panel consists of Justices Keyes, Sharp, and Huddle.