DISMISS and Opinion Filed October 28, 2013

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01182-CV MANUEL HERRERA, Appellant V. VERA MARSH, LENA MARSH, AND WILLIE BOULDEN, Appellees On Appeal from the 95th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-11-07061 MEMORANDUM OPINION Before Justices Bridges, Fillmore, and Lewis Opinion by Justice Bridges Before the Court is appellees’ motion to dismiss the appeal for want of prosecution.

Appellees contend the appeal should be dismissed for failure to pay the required filing fee. In a postcard notice dated August 23, 2013, the Court informed appellant that the filing fee was past due. We instructed appellant to pay the fee within ten days and cautioned him that failure to do so would result in dismissal of the appeal without further notice.

As of today’s date, appellant has not paid the filing fee. Accordingly, we grant appellees’ motion and dismiss the appeal. See TEX. R. APP. P. 42.3(c).

/David L. Bridges/ 131182F.P05 DAVID L. BRIDGES JUSTICE S Court of Appeals Fifth District of Texas at Dallas JUDGMENT MANUEL HERRERA, Appellant On Appeal from the 95th Judicial District Court, Dallas County, Texas.

No. 05-13-01182-CV V. Trial Court Cause No. DC-11-07061.

Opinion delivered by Justice Bridges.

VERA MARSH, LENA MARSH, AND Justices Fillmore and Lewis, participating.

WILLIE BOULDEN, Appellees In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

It is ORDERED that appellees, VERA MARSH, LENA MARSH, AND WILLIE BOULDEN, recover their costs of this appeal from appellant, MANUEL HERRERA.

Judgment entered October 28, 2013

/David L. Bridges/ DAVID L. BRIDGES JUSTICE

1301182.R.docx –2–