Cummings, Malcolm v. Providence Apts

Opinion

l)ISMISS; Opinion issiietl Fehruary 7, 2013

In The L11ttt tit 41p rats Fift1i District uf rxis at Dallas

o. 05-12-00452-CV

MALCOLM CIIMMINCS, Appellant

PR()V1I)EN(F APTS, Appellee

On Appeal from the County Court at Law No. 4 l.allas County, Texas Trial Court Cause No. CC-12-015291)

MEMORANDUM OPINION Befbre Chief Justice Wright and Justices Lang-Miers and Lewis Opinion b Chiet’Justice Wright By letter dated May 14. 2() 1 2. we infirmed appellant that the Court had received notice

from the Dallas County Clerk that the clerk’s record in this case had not been tiled because

appellant had not paid ftr the record, We directed appellant to provide the Court with written

yen (ication that he had paid for or made arrangements to pay for the clerk’s record or that he had

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

provide the Court with the required documentation within ten days might result in the dismissal

of this appeal. To date, appellant has not paid the filing lee, provided the Court with the required

documentation regarding the clerk’s record. 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).

CHIEF• ‘1

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2 (!nttrt Lif Appcab FiftI! JitrirI nf Jixas at JaUa JUDGMENT

fvli\l.C()l Nl (‘tJNIIVIIN(iS, Appellant On Appeal from the County Court at Law No. 4, Dallas County. lexas No. 05-12-00452-CV V. Trial Court Cause No. CC—I 2—01 5291). Opinion delivered by Chief Justice Wright. PROVIDENCE APTS, Appellee Justices I ang-Micrs and Lewis participating

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

It is ORDIREl) that appellee PROVII)FNCE APTS recover its costs of this appeal from appcllant NI \I (01 M (1 MMIN(S

Judgment entered February 7, 2013.

C \ROI N \VRI(ilI I (‘I IIII .It 11(1