DISMISS; and Opinion Filed October 16, 2013.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01070-CV KIZZY HORN, Appellant V. CITY OF DALLAS, Appellee On Appeal from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-12-07081-D MEMORANDUM OPINION Before Justices Bridges, Fillmore, and Lewis Opinion by Justice Fillmore Before the Court is appellee’s October 3, 2013 motion to dismiss the appeal. Appellee contends the appeal should be dismissed because appellant has not paid the required filing fee or the fee for the clerk’s record. Appellant did not file a response to appellee’s motion.

By postcard notice dated August 5, 2013, the Court informed appellant that the required $175 filing fee was past due. We instructed appellant to pay the fee within ten days and cautioned her 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 fee. Accordingly, we grant appellee’s motion and dismiss the appeal. See TEX. R. APP. P. 42.3(c).

/Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE 131070F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT KIZZY HORN, Appellant On Appeal from the County Court at Law No. 4, Dallas County, Texas.

No. 05-13-01070-CV V. Trial Court Cause No. CC-12-07081-D.

Opinion delivered by Justice Fillmore.

CITY OF DALLAS, Appellee Justices Bridges and Lewis, participating.

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

It is ORDERED that appellee, CITY OF DALLAS, recover its costs of this appeal from appellant, KIZZY HORN.

Judgment entered this 16th day of October, 2013.

/Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE

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