DISMISS; Opinion Filed May 30, 2013.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00545-CV DAVID MASON MONTGOMERY, Appellant V. WACHOVIA BANK, NA, ET AL., Appellee On Appeal from the 298th Judicial District Court Dallas County, Texas Trial Court Cause No. 09-13443 MEMORANDUM OPINION Before Justices Lang, Myers, and Evans Opinion Per Curiam The Court has before it appellees’ May 1, 2013 motion to dismiss appeal. On April 19, 2013, this Court informed appellant that if he did not remit the $175.00 filing fee for this case within ten days, the appeal could be dismissed without further notice. Appellant has not paid the fee, responded to the motion to dismiss, or otherwise communicated with this Court regarding the appeal. We therefore GRANT the motion and DISMISS this appeal. See TEX. R. APP. P. 42.3.

130545F.P05 PER CURIAM S Court of Appeals Fifth District of Texas at Dallas JUDGMENT DAVID MASON MONTGOMERY, On Appeal from the 298th Judicial District Appellant Court, Dallas County, Texas Trial Court Cause No. 09-13443.

No. 05-13-00545-CV V. Opinion delivered per curiam. Justices Lang, Myers and Evans sitting for the Court.

WACHOVIA BANK, NA, ET AL., Appellees In accordance with this Court’s opinion of this date, this appeal is DISMISSED.

It is ORDERED that appellee WACHOVIA BANK, NA, ET AL. recover its costs of this appeal from appellant DAVID MASON MONTGOMERY.

Judgment entered this 30th day of May, 2013.

/David W. Evans// DAVID W. EVANS JUSTICE

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