Concept Facility Services, LLC D/B/A 1-800 PLUMBER v. Davilas Excavations, Inc.

• Court: Court of Appeals of Texas
• Decided: September 8, 2020
• Docket: 05-20-00402-CV
• Status: Published

Opinion

Dismissed; Opinion Filed September 8, 2020

In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00402-CV

CONCEPT FACILITY SERVICES, LLC D/B/A 1-800 PLUMBER, Appellant V. DAVILAS EXCAVATIONS, INC., Appellee

On Appeal from the 116th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-05246

MEMORANDUM OPINION Before Justices Schenck, Osborne, and Partida-Kipness Opinion by Justice Schenck The filing fee, docketing statement, and clerk’s record in this case are past

due. By postcard dated March 27, 2020, we notified appellant the $205 filing fee

was due. We directed appellant to remit the filing fee within ten days and expressly

cautioned appellant that failure to do so would result in dismissal of the appeal. Also

by postcard dated March 27, 2020, we informed appellant the docketing statement

in this case was due. We cautioned appellant that failure to file the docketing

statement within ten days might result in the dismissal of this appeal without further

notice. By letter dated June 4, 2020, we informed appellant the clerk’s record had not been filed because appellant had not paid for the clerk’s record. We directed

appellant to provide, within ten days, (1) verification of payment or arrangements to

pay for the clerk’s record, or (2) written documentation that appellant had been found

entitled to proceed without payment of costs. We cautioned appellant that failure to

do so would result in the dismissal of this appeal without further notice. To date,

appellant has not paid the filing fee, provided the required documentation, or

otherwise corresponded with the Court regarding the status of this appeal.

Accordingly, we dismiss this appeal. See TEX. R. APP. P. 37.3(b); 42.3(b),

(c).

/David J. Schenck/ DAVID J. SCHENCK JUSTICE

200402F.P05

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

CONCEPT FACILITY SERVICES, On Appeal from the 116th Judicial LLC D/B/A 1-800 PLUMBER, District Court, Dallas County, Texas Appellant Trial Court Cause No. DC-19-05246. Opinion delivered by Justice No. 05-20-00402-CV V. Schenck. Justices Osborne and Partida-Kipness participating. DAVILAS EXCAVATIONS, INC., Appellee

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

It is ORDERED that appellee DAVILAS EXCAVATIONS, INC. recover its costs of this appeal from appellant CONCEPT FACILITY SERVICES, LLC D/B/A 1-800 PLUMBER.

Judgment entered this 8th day of September, 2020.

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