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Dismissed and Opinion hied Jinuarv 3, 2013

In The Qlourt of ppcat jTuftj itrict of cxa at a1ta No. 05-1200431-CV AI)ENIKE FAG UN WA, Appellant V. SYLVESTER ARUYA, Appeflee On Appeal from the 256th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-07321 MEMORANDUM OPINION Before Justices Chief Wright and Justices Francis and Lang-Miers Opinion by Chief Justice Wright Adenike Fangunwa appealed the trial court’s order granting appellee’s bill of review. By letters dated February 2,2012, June 11.2012. and July23, 2012, the Court notified appellant that the $175 filing fee for the appeal was due. Each letter directed appellant to pay the filing fee within ten days and warned that failure to do so would result in dismissal of the appeal. See TEX. R. App. P. 42,3(c). To date, appellant has neither paid the filing fee nor communicated with the Court regarding the appeal.

Accordingly, we dismiss the appeal.

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120431 F.P05 Qlourt of 1ppat jfiftlj 1Oitrttt of txa at 1Oatta JUDGMENT ADENIKE FAGUNWA, Appellant Appeal from the 256th Judicial District Court of Dallas County, Texas (Trial Court No. 05-i 2-00431 -CV V. No. DF-07321).

Opinion delivered by Chief Justice Wright, SYLVESTER ARUYA. Appellee Justices Francis and Lang-Miers participating.

Based on the Court’s opinion of this date, we DISMISS the appeal. We ORDER that appeliee Sylvester Aruya recover his costs of the appeal. if any. from appellant Adenike Fagunwa.

Judgment entered January 3, 2013.

CF1ILF IUSTJtE /