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Pitts v. Well Fargo Bank, NA

Court of Appeals of Texas, Fifth District, Dallas

December 16, 2013

JAMES PITTS, Appellant
v.
WELLS FARGO BANK, NA, Appellee

On Appeal from the County Court at Law No. 3, Dallas County, Texas, Trial Court Cause No. CC-13-01680-C

Before Justices O'Neill, Myers, and Brown

MEMORANDUM OPINION

ADA BROWN JUSTICE

Before the Court is appellee's November 18, 2013 motion to dismiss the appeal for failure to prosecute. Appellant did not file a response to appellee's motion.

In a postcard notice dated July 19, 2013, the Court informed appellant that the required $175 filing fee was past due. We instructed appellant to pay the fee within ten days and cautioned him that failure to do so would result in dismissal of the appeal without further notice. See Tex. R. App. P. 42.3(c). As of today's date, appellant has not paid the filing fee. Accordingly, we grant appellant's motion and dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b) & (c).

JUDGMENT

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

It is ORDERED that appellee, WELLS FARGO BANK, NA, recover its costs of this appeal from appellant, JAMES PITTS.

Judgment entered.

Justices O'Neill and Myers, ...


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