l)ISN1ISS; Opinion tiled November 14, 2012

in The !ILi11rt uf ppiah’ .Fift1i 1itrirt uf Ixa at 1at1a No. 05-i2-00970-CV

ROBERT BODY, III, Appellant V. ONE WEST BANK, FSB, Appellee

On Appeal from the 134th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-09-15051

MEMORANDUM OPINION Before Justices Bridges, O’Neill, and Murphy Opinion By Justice Bridges Before the Court is appellee’s motion to dismiss the appeal. Appellee contends the appeal should be dismissed for want of prosecution. By letter dated October 12, 2012, the Court informed appellant that his $175 filing fee was past due. We instructed appellant to pay the required filing fee within ten days. The Court cautioned appellant that failure to pay the fee within ten days would result in dismissal of his appeal without further notice.

As of today’s date. appellant has not paid the filing fee. Accordingly. we grant appellee’s motion and dismiss the appeal. See TEx. R. App. P. 42.3(b) & (c).

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DAVID I.. BRIDGES JUSTICE 20970F.P05 4tntrt nf ApptZl15 Fift1i Uitrirt ut rxa at 1a1hui JUDGMENT ROBERT BODY, 1.11, Appellant Appeal from the 134th Judicial District Court of Dallas County. Texas. (Tr.Ct.No. [)C-09- No. 05-12-00970-CV V. 15051).

Opinion delivered by Justice Bridges, Justices ()NI WEST BA’JK. FSB Appellee O Neil! and Murphy. participating.

Based on the Court’s opinion of this date. the appeal is DISMISSED.

it is ORDERED that appellec. OneWest Bank, FSB, recover its costs of the appeal from appellant. Robert Body. Ill.

Judgment entered November 14. 2012.

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DAViD L. BRIDGES JUSTICE