DISMISS; and Opinion Filed March 26, 2014

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01045-CV DUSTIN POOLE, Appellant V. CAPITAL ONE BANK ( USA), N.A., Appellee On Appeal from the County Court at Law No. 6 Collin County, Texas Trial Court Cause No. 006-03444-2012 MEMORANDUM OPINION Before Justices Lang-Miers, Myers, and Lewis Opinion by Justice Lang-Miers The filing fee, docketing statement, and clerk’s record in this case are past due. By postcard dated July 31, 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 31, 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. By order dated August 22, 2013, we informed appellant the clerk’s record had not been filed because appellant had not paid for the clerk’s record. We ordered appellant to pay for the clerk’s record and the filing fee within ten days. We cautioned appellant that failure to do so would result in the dismissal of this appeal without further notice.

To date, appellant has not paid the filing fee or provided proof of payment for the clerk’s record, and the clerk’s record has not been filed. Accordingly, we dismiss this appeal. See TEX. R. APP. P. 37.3(b); 42.3(b)(c).

/Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE 131045F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT DUSTIN POOLE, Appellant On Appeal from the County Court at Law No. 6, Collin County, Texas No. 05-13-01045-CV V. Trial Court Cause No. 006-03444-2012.

Opinion delivered by Justice Lang-Miers.

CAPITAL ONE BANK ( USA), N.A., Justices Myers and Lewis participating.

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

It is ORDERED that appellee CAPITAL ONE BANK ( USA), N.A. recover its costs of this appeal from appellant DUSTIN POOLE.

Judgment entered this 26th day of March, 2014.

/Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE

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