Opinion issued July 26, 2012

In The Court of Appeals For The First District of Texas ———————————— NO. 01-12-00534-CV ——————————— AMERICAN INTERNATIONAL INDUSTRIES, INC., Appellant V. RUBICON FINANCIAL, INC., Appellee

On Appeal from the 281st District Court Harris County, Texas Trial Court Cause No. 2011-75606

MEMORANDUM OPINION Appellant, American International Industries, Inc., has 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 21, 2012. After being notified that this appeal was subject to dismissal for failure to pay the filing fee, appellant 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.