City of East Mountain v. Kenneth Craig Miller Appeal from County Court of Upshur County (memorandum opinion per curiam)

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NO. 12-17-00055-CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS CITY OF EAST MOUNTAIN, APPELLANT § APPEAL FROM THE V. § COUNTY COURT KENNETH CRAIG MILLER, APPELLEE § UPSHUR COUNTY, TEXAS MEMORANDUM OPINION PER CURIAM This appeal is being dismissed for failure to comply with the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 42.3(c). On February 17, 2017, the clerk of this Court notified Appellant, City of East Mountain, that the filing fee in this appeal is due. See TEX. R. APP. P. 5. Appellant was informed that failure to remit the filing fee on or before February 27, 2017, would result in the Court’s taking appropriate action, including dismissal of the case without further notice. See TEX. R. APP. P. 42.3(c). The date for remitting the filing fee has passed, and Appellant has not complied with the Court’s request. Because Appellant has failed, after notice, to comply with Rule 5, the appeal is dismissed. See TEX. R. APP. P. 42.3(c). Opinion delivered March 1, 2017. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J. (PUBLISH) COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JUDGMENT MARCH 1, 2017 NO. 12-17-00055-CV CITY OF EAST MOUNTAIN, Appellant V. KENNETH CRAIG MILLER, Appellee Appeal from the County Court of Upshur County, Texas (Tr.Ct.No. 16CV00139) THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this Court that this appeal should be dismissed. It is therefore ORDERED, ADJUDGED and DECREED by this Court that this appeal be, and the same is, hereby dismissed; and that this decision be certified to the court below for observance. By per curiam opinion. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.

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