DISMISS; Opinion Filed February 28, 2013

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01444-CV RONNIE MONTGOMERY, Appellant V. PAULA MONTGOMERY, Appellee On Appeal from the 301st Judicial District Court Dallas County, Texas Trial Court Cause No. DF-12-02245 OPINION Before Chief Justice Wright and Justices Lang-Miers and Lewis Opinion by Chief Justice Wright By letter dated October 24, 2012, 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 appellant that failure to do so would result in dismissal of the appeal without further notice. See TEX. R. APP. P. 42.3(c).

As of today’s date, the filing fee has not been paid. Accordingly, we dismiss the appeal.

See TEX. R. APP. P. 42.3(c).

/Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE

121444F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT RONNIE MONTGOMERY, Appellant On Appeal from the 301st Judicial District Court, Dallas County, Texas No. 05-12-01444-CV V. Trial Court Cause No. DF-12-02245.

Opinion delivered by Chief Justice Wright.

PAULA MONTGOMERY, Appellee Justices Lang-Miers and Lewis participating.

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

It is ORDERED that appellee, PAULA MONTGOMERY, recover her costs of this appeal from appellant, RONNIE MONTGOMERY.

Judgment entered February 28, 2013.

/Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE