Charles H. Washington, Jr. v. Verba F. Washington

Opinion

Dismissed and Opinion Filed September 10, 2015

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00082-CV

CHARLES H. WASHINGTON, JR., Appellant V. VERBA F. WASHINGTON, Appellee

On Appeal from the 302nd Judicial District Court Dallas County, Texas Trial Court Cause No. DF-13-19014-V

MEMORANDUM OPINION Before Chief Justice Wright and Justices Lang-Miers and Stoddart Opinion by Chief Justice Wright This Court may dismiss an appeal for failure to file a clerk's record if the reason is

because an appellant has failed to pay or make arrangements to pay the clerk's fee for preparing

the record. See TEX. R. APP. P. 37.3(b). On August 6, 2015, the District Clerk of Dallas County

informed the Court that the clerk’s record had been prepared but was being held for non-payment

of fees. By letter dated August 11, 2015, the Court instructed appellant to file, within ten days,

either written verification that appellant had paid or made arrangements to pay the clerk's fee or

written documentation that appellant had been found to be entitled to proceed without payment

of costs. We cautioned appellant that failure to provide the required documentation within the

time requested may result in dismissal of the appeal for want of prosecution. See TEX. R. APP. P.

37.3(b). As of today’s date, appellant has not filed a response. Accordingly, we dismiss the appeal

for want of prosecution. See TEX. R. APP. P. 37.3(b), 42.3(b)–(c).

150082F.P05 /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE

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

CHARLES H. WASHINGTON, JR., On Appeal from the 302nd Judicial District Appellant Court, Dallas County, Texas Trial Court Cause No. DF-13-19014-V. No. 05-15-00082-CV V. Opinion delivered by Chief Justice Wright. Justices Lang-Miers and Stoddart VERBA F. WASHINGTON, Appellee participating.

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

It is ORDERED that appellee VERBA F. WASHINGTON recover her costs of this appeal from appellant CHARLES H. WASHINGTON, JR..

Judgment entered September 10, 2015.

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