IN THE TENTH COURT OF APPEALS No. 10-09-00384-CV DIANA L. AMBRIATI, Appellant v. FIRST FIRE & SAFETY EQUIPMENT, INC., Appellee

From the 414th District Court McLennan County, Texas Trial Court No. 2008-1435-5

MEMORANDUM OPINION

The Clerk of this Court has twice notified Appellant Jeremy Ambriati1 that he must pay the filing fee in this appeal or establish indigent status. Most recently, the Clerk notified Ambriati that, if the filing was not paid within ten days, the appeal would be presented to the Court for dismissal. Ambriati has not paid the filing fee or otherwise responded to this notice. Appellee has filed a motion to dismiss the appeal.

According to the notice of appeal, Jeremy Ambriati is pursuing this appeal on behalf of his mother Diana L. Ambriati who is deceased. See TEX. R. APP. P. 7.1(a)(1); TEX. R. CIV. P. 151. Although Diana apparently died before judgment, it does not appear that Jeremy filed a suggestion of death as required by Rule 151. Thus, we retain the style of the case as originally docketed in the trial court, consistent with documentation received from the district clerk.

The motion to dismiss is granted, and the appeal is dismissed. See TEX. R. APP. P. 42.3(c).

FELIPE REYNA Justice Before Chief Justice Gray, Justice Reyna, and Justice Davis Appeal dismissed Opinion delivered and filed March 31, 2010 [CV06]

Ambriati v. First Fire & Safety Equip., Inc. Page 2