Opinion issued February 26, 2013

In The Court of Appeals For The First District of Texas NO. 01-11-00982-CV

CEDYCO CORPORATION, ASSIGNEE OF SUNILAND FURNITURE COMPANY Appellant V. IRWIN H. PALCHICK, Appellee

On Appeal from the 61st District Court Harris County, Texas Trial Court Cause No. 8546357A

MEMORANDUM OPINION Appellant Cedyco Corporation, Assignee of Suniland Furniture Company, has neither paid the required filing fee for this appeal nor established indigence for purposes of appellate costs. See TEX. R. APP. P. 5 (“A party who is not excused by statute or these rules from paying costs must pay—at the time an item is presented for filing—whatever fees are required by statute or Supreme Court order.”), 20.1 (listing requirements for establishing indigence); see also TEX. GOV’T CODE ANN. § 51.207 (West Supp. 2012), §.51.941(a) (West 2005), § 101.041 (West Supp. 2012) (listing fees in court of appeals); Order Regarding Fees Charged in Civil Cases in the Supreme Court and the Courts of Appeals and Before the Judicial Panel on Multidistrict Litigation, Misc. Docket No. 07-9138 (Tex. Aug. 28, 2007), reprinted in TEX. R. APP. P. app. A § B(1) (listing fees in court of appeals). The filing fee was due on December 1, 2011. After being notified that this appeal was subject to dismissal, appellant did not respond. See TEX. R. APP. P. 5 (allowing enforcement of rule); 42.3(b), (c) (allowing involuntary dismissal of case).

We dismiss the appeal for want of prosecution. We dismiss any pending motions as moot.

PER CURIAM Panel consists of Justices Chief Justice Radack and Justices Higley and Brown.