Damion Ellis, Individually and as Personal Representative of the Estate of Kayon Anthony Ellis v. Linda Delwood, M.D., South Texas Dental Associates, Inc., D/B/A South Texas Dental Clinic, Brandon Dahl, DDS, and Russel Takashi Choy, DDS, and Park Cental Surgical Center, Ltd.

• Court: Court of Appeals of Texas
• Decided: March 20, 2019
• Docket: 05-18-01492-CV
• Status: Published

Opinion

Order entered March 20, 2019

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01492-CV

DAMION ELLIS, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF KAYON ANTHONY ELLIS, DECEASED, Appellant

V.

LINDA DELWOOD, M.D., SOUTH TEXAS DENTAL ASSOCIATES, INC., D/B/A SOUTH TEXAS DENTAL CLINIC, BRANDON DAHL, DDS, AND RUSSEL TAKASHI CHOY, DDS, AND PARK CENTAL SURGICAL CENTER, LTD., Appellees

On Appeal from the 193rd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-18-05739

ORDER Both the clerk’s record and the reporter’s record in this case are overdue. By postcard

dated December 27, 2018, we notified the Dallas County District Clerk that the clerk’s record

was overdue and directed her to file the clerk’s record within thirty days. Also by postcard dated

December 27, 2018, we notified Vielica Dobbins, Official Court Reporter for the 193rd Judicial

District Court, that the reporter’s record was overdue and directed her to file the reporter’s record

within thirty days. On January 15, 2019, in response to our inquiry regarding the clerk’s record,

appellant provided the Court with proof of payment for the clerk’s record. Ms. Dobbins has

failed to respond to our notice regarding the reporter’s record. Accordingly, this Court ORDERS Felicia Pitre, Dallas County District Clerk, to file the

clerk’s record TEN DAYS of the date of this order.

We also ORDER Ms. Dobbins, Official Court Reporter for the 193rd Judicial District

Court, to file, within TEN DAYS of the date of this order, either (1) the reporter’s record; or (2)

written verification that appellant has not paid for or made arrangements to pay for the reporter’s

record and that appellant has not been found entitled to proceed without payment of costs. We

notify appellant that if we receive verification he has not paid for or made arrangements to pay

for the reporter’s record and has not been found entitled to proceed without payment of costs, we

will order the appeal submitted without the reporter’s record. See TEX. R. APP. P. 37.3(c).

We DIRECT the Clerk to send copies of this order, by electronic transmission, to the

following persons:

Felicia Pitre Dallas County District Clerk

Vielica Dobbins Official Court Reporter 193rd Judicial District Court

Bridgett Whitmore Presiding Judge 193rd Judicial District Court

/s/ ROBERT D. BURNS, III CHIEF JUSTICE