Dismiss and Opinion Filed March 4, 2014

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01713-CV IN THE MATTER OF THE MARRIAGE OF D.L.S. AND P.S. AND IN THE INTEREST OF S.S., S.S., AND S.S., MINOR CHILDREN On Appeal from the 366th Judicial District Court Collin County, Texas Trial Court Cause No. 366-56261-2011 MEMORANDUM OPINION Before Chief Justice Wright and Justices Lang-Miers and Brown Opinion by Chief Justice Wright Appellee Father has filed two motions to dismiss this appeal based on appellant Mother’s failure to pay for the appellate record. See TEX. R. APP. P. 37.3(b). Our records reflect that by order entered January 24, 2014, Mother was directed to file, no later than February 10, 2014, written verification that she had paid or made arrangements to pay for the record. Because Mother represented to us in a January 21, 2014 motion that she was not seeking to proceed without payment of costs, we cautioned Mother in our January 24th order that failure to provide the requested verification could result in dismissal of the appeal without further notice. See id. 37.3(b). To date, Mother has not provided the requested verification, responded to Father’s motion, or otherwise communicated with the Court. Moreover, the district clerk has informed us that, “due to non-payment,” the record has not been filed. Accordingly, we grant the motions and dismiss the appeal. See id. 37.3(b), 42.3(b), (c).

131713F.P05 /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT IN THE MATTER OF THE MARRIAGE On Appeal from the 366th Judicial District OF D.L.S. AND P.S. AND IN THE Court, Collin County, Texas INTEREST OF S.S., S.S., AND S.S., Trial Court Cause No. 366-56261-2011.

MINOR CHILDREN Opinion delivered by Chief Justice Wright.

Justices Lang-Miers and Brown No. 05-13-01713-CV participating.

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

We ORDER that appellee Deion L. Sanders recover his costs, if any, of this appeal from appellant Pilar Sanders.

Judgment entered March 4, 2014

/Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE

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