Opinion issued February 7, 2013

In The Court of Appeals For The First District of Texas ———————————— NO. 01-12-01019-CV ——————————— DUPREE GAINEY, Appellant V. BMW FINANCIAL SERVICES NA LLC, Appellee

On Appeal from the 281st District Court Harris County, Texas Trial Court Cause No. 2012-34058

MEMORANDUM OPINION Appellant, Dupree Gainey, 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 (Vernon Supp. 2011), § 51.941(a) (Vernon 2005), § 101.041 (Vernon Supp. 2011) (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). On November 9, 2012, appellant was notified that this appeal was subject to dismissal if the filing fee was not paid by November 19, 2012. After being notified that this appeal was subject to dismissal, appellant did not adequately respond. See TEX. R. APP. P. 5 (allowing enforcement of rule); 42.3(c) (allowing involuntary dismissal of case). Appellant was again notified on November 29, 2012, that this appeal was subject to dismissal for failure to pay the filing fee. After being notified a second time that this appeal was subject to dismissal, appellant did not adequately respond. See TEX. R. APP. P. 5; 42.3(c).

We dismiss the appeal for failure to pay the filing fee. We dismiss any pending motions as moot.

PER CURIAM Panel consists of Justices Keyes, Sharp, and Huddle.