Darkhorse Sitework and Concrete LLC and James Ellis v. Blake Construction Concepts, LLC

Court of Appeals of Texas·Decided July 10, 2019·No. 05-19-00418-CV·Published

Opinion

DISMISS and Opinion Filed July 10, 2019

SIn The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00418-CV

DARKHORSE SITEWORK AND CONCRETE LLC AND JAMES ELLIS, Appellants V. BLAKE CONSTRUCTION CONCEPTS, LLC, Appellee

On Appeal from the 298th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-18-14834

MEMORANDUM OPINION Before Chief Justice Burns, Justice Whitehill, and Justice Nowell Opinion by Chief Justice Burns The clerk’s record in this case is past due. By letter dated May 24, 2019, we informed

appellants the clerk’s record had not been filed because appellants had not paid for the clerk’s

record. We directed appellants to provide verification of payment or arrangements to pay for the

clerk’s record within ten days. We cautioned appellants that failure to do so would result in the

dismissal of this appeal without further notice. To date, the clerk’s record has not been filed, and

appellants have failed to provide the required documentation or otherwise correspond 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).

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE

190418F.P05

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

DARKHORSE SITEWORK AND On Appeal from the 298th Judicial District CONCRETE LLC AND JAMES ELLIS, Court, Dallas County, Texas Appellants Trial Court Cause No. DC-18-14834. Opinion delivered by Chief Justice Burns. No. 05-19-00418-CV V. Justices Whitehill and Nowell participating.

BLAKE CONSTRUCTION CONCEPTS, LLC, Appellee

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

It is ORDERED that appellee BLAKE CONSTRUCTION CONCEPTS, LLC recover its costs of this appeal from appellants DARKHORSE SITEWORK AND CONCRETE LLC AND JAMES ELLIS.

Judgment entered July 10, 2019______.

–3–

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