DISMISS; Opinion Filed April 3, 2014.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01019-CV DEREK ELLIOTT BURNS, Appellant V. THADDEUS A. UNDERWOOD, Appellee On Appeal from the 292nd Judicial District Court Dallas County, Texas Trial Court Cause No. CV13-00252-V-292nd MEMORANDUM OPINION Before Justices Moseley, Francis, and Lang Opinion by Justice Moseley The filing fee and docketing statement in this case are past due. By postcard dated July 26, 2013, we notified appellant the $175 filing fee was due. We directed appellant to remit the filing fee within ten days and expressly cautioned appellant that failure to do so would result in dismissal of the appeal. Also by postcard dated July 26, 2013, we notified appellant the docketing statement had not been filed in this case. We directed appellant to file the docketing statement within ten days. We cautioned appellant that failure to do so might result in dismissal of this appeal. We again notified appellant regarding the filing fee on March 18, 2014. We directed appellant to remit the filing fee within ten days and expressly cautioned appellant that failure to do so would result in dismissal of the appeal. To date, appellant has not paid the filing fee, filed the docketing statement, or otherwise corresponded with the Court regarding the status of the filing fee.

Accordingly, we dismiss this appeal. See TEX. R. APP. P. 37.3(b); 42.3(b), (c).

/ Jim Moseley/ JIM MOSELEY JUSTICE

131019F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT DEREK ELLIOTT BURNS, Appellant On Appeal from the 292nd Judicial District Court, Dallas County, Texas No. 05-13-01019-CV V. Trial Court Cause No. CV13-00252-V- 292nd.

THADDEUS A. UNDERWOOD, Appellee Opinion delivered by Justice Moseley.

Justices Francis and Lang participating.

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

It is ORDERED that appellee THADDEUS A. UNDERWOOD recover his costs of this appeal from appellant DEREK ELLIOTT BURNS.

Judgment entered this 3rd day of April, 2014.

/Jim Moseley/ JIM MOSELEY JUSTICE

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