Opinion issued July 12, 2012

In The Court of Appeals For The First District of Texas ———————————— NO. 01-12-00409-CV ——————————— SCOTT BROWNING, Appellant V. TANE BACINO, Appellee

On Appeal from the 310th District Court Harris County, Texas Trial Court Case No. 2009-62141

MEMORANDUM OPINION This is an attempted appeal of the trial court’s September 1, 2011 confirmation of an arbitration award. The October 4, 2012 notice of appeal appears to be untimely. See TEX. R. APP. P. 26.1. No clerk’s record has been filed.

Browning did not file a motion to extend time to file the notice of appeal. See TEX. R. APP. P. 26.3.

On May 3, 2012, the Clerk of this Court notified Browning that we would dismiss this appeal for failure to pay the $175.00 filing fee unless the fee was paid no later than May 14, 2012. See TEX. R. APP. P. 5 (requiring payment of fees), 42.3(c) (allowing involuntary dismissal). Browning did not respond.

Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3.

Per Curiam Panel consists of Justices Higley, Sharp, and Huddle.