Carrie Schroeder v. Jesse Schroeder

• Court: Court of Appeals of Texas
• Decided: July 31, 2013
• Docket: 05-13-00537-CV
• Status: Published

Opinion

Dismiss and Opinion Filed July 31, 2013

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00537-CV

CARRIE SCHROEDER, Appellant V. JESSE SCHROEDER, Appellee

On Appeal from the 301st Judicial District Court Dallas County, Texas Trial Court Cause No. DF-10-21005

MEMORANDUM OPINION Before Chief Justice Wright and Justices FitzGerald and Lewis Opinion by Justice FitzGerald Before the Court is appellee’s July 8, 2013 motion to dismiss appeal. In the motion,

appellee requests the Court to dismiss this appeal for want of prosecution. Our records show the

notice of appeal was filed in this Court on April 18, 2013. By postcard dated the same day, we

notified appellant the $175 filing fee was due. We directed appellant to remit the filing fee

within ten days. We cautioned appellant that failure to do so would result in dismissal without

further notice. Also by postcard dated April 18, 2013, we notified appellant the docketing

statement was due. We directed appellant to file the docketing statement within ten days. We

cautioned appellant that failure to file the docketing statement might result in the dismissal of

this appeal without further notice. Thereafter, appellee filed his motion to dismiss for want of

prosecution. To date, appellant has not paid the filing fee, filed the docketing statement, responded to appellee’s motion to dismiss, or otherwise corresponded with the Court regarding

the status of this appeal.

Accordingly, we grant appellee’s motion and dismiss this appeal for want of

prosecution. See TEX. R. APP. P. 42.3(b)(c).

/Kerry P. FitzGerald/ 130537F.P05 KERRY P. FITZGERALD JUSTICE

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

CARRIE SCHROEDER, Appellant On Appeal from the 301st Judicial District Court, Dallas County, Texas No. 05-13-00537-CV V. Trial Court Cause No. DF-10-21005. Opinion delivered by Justice FitzGerald. JESSE SCHROEDER, Appellee Chief Justice Wright and Justice Lewis participating.

In accordance with this Court’s opinion of this date, this appeal is DISMISSED. It is ORDERED that appellee JESSE SCHROEDER recover his costs of this appeal from appellant CARRIE SCHROEDER.

Judgment entered this 31st day of July, 2013.

/Kerry P. FitzGerald/ KERRY P. FITZGERALD JUSTICE

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