LaToya Smith, Melvin Smith and All Other Occupants of 7535 Dawn Mist Ct., Sugarland, TX 77479 v. U.S. Bank National

Opinion

Opinion issued July 26, 2012

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-12-00471-CV ——————————— LATOYA SMITH AND MELVIN SMITH, Appellants V. U.S. BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO LASALLE BANK, N.A. AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF THE MLMI TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-RMI, Appellee

On Appeal from County Court at Law No. 2 Fort Bend County, Texas Trial Court Cause No. 12-CCV-047150

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). The filing fee was due on

June 4, 2012. After being notified that this appeal was subject to dismissal for

failure to pay the filing fee, 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 Higley, Sharp, and Huddle.