COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER Appellate case name: Benny Vance and Pierre Metzener v. Mark C. Popkowski, Jody M.

Popkowski, Tammy Evans and Modern System Concepts Inc. Appellate case number: 01-15-00897-CV Trial court case number: 2014-70417 Trial court: 334th District Court of Harris County Appellants Berry Vance and Pierre Metzener have neither paid the required fees nor established indigence for purposes of appellate costs. See TEX. R. APP. P. 5 (requiring payment of fees in civil cases unless indigent); TEX. R. APP. P. 20.1 (listing requirements for establishing indigence); see also TEX. GOV’T CODE §§ 51.207, 51.941(a), 101.041 (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. 15-9158 (Tex. Aug. 28, 2015) (listing fees in court of appeals). Despite notices regarding nonpayment of the court filing fee, issued on November 10, 2015, and December 16, 2015, appellants have not paid this fee.

Accordingly, the Court has directed me to notify appellants that this appeal is subject to dismissal. See TEX. R. APP. P. 5 (allowing enforcement of rule); TEX. R. APP. P. 42.3 (allowing involuntary dismissal).

Appellants must pay the required fees within 10 days of the date of this notice or the Court may dismiss the appeal. See TEX. R. APP. P. 42.3.

It is so ORDERED.

Judge’s signature: /s/ Michael Massengale X Acting individually  Acting for the Court

Date: January 5, 2017