David Edward Daigle v. Aldi (Texas) L.L.C. 75/82 Sherman Crossing, Ltd. And Titus Transport Holdings, LLC

• Court: Court of Appeals of Texas
• Decided: June 30, 2021
• Docket: 05-21-00270-CV
• Status: Published

Opinion

DISMISS and Opinion Filed June 30, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00270-CV

DAVID EDWARD DAIGLE, Appellant V. ALDI (TEXAS) L.L.C., 75/82 SHERMAN CROSSING, LTD., AND TITUS TRANSPORT HOLDINGS, LLC, Appellees

On Appeal from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-18940

MEMORANDUM OPINION Before Justices Myers, Partida-Kipness, and Garcia Opinion by Justice Garcia The clerk’s record is past due. By order dated June 3, 2021, we ordered the

Dallas County District Clerk to file, within fifteen days, either the clerk’s record or

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

record. We cautioned appellant that if we received verification that he has not paid

or made arrangements to pay for the record, we would dismiss the appeal without

further notice. See TEX. R. APP. P. 37.3(b). By letter dated June 10, 2021, the Dallas County District Clerk verified that

appellant has not paid for the record. Accordingly, we dismiss the appeal for want

of prosecution. See id.

/Dennise Garcia/ DENNISE GARCIA JUSTICE

210270F.P05

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

DAVID EDWARD DAIGLE, On Appeal from the 44th Judicial Appellant District Court, Dallas County, Texas Trial Court Cause No. DC-19-18940. No. 05-21-00270-CV V. Opinion delivered by Justice Garcia. Justices Myers and Partida-Kipness ALDI (TEXAS) L.L.C., 75/82 participating. SHERMAN CROSSING, LTD., AND TITUS TRANSPORT HOLDINGS, LLC, Appellees

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

It is ORDERED that appellees ALDI (TEXAS) L.L.C., 75/82 SHERMAN CROSSING, LTD., AND TITUS TRANSPORT HOLDINGS, LLC recover their costs of this appeal from appellant DAVID EDWARD DAIGLE.

Judgment entered June 30, 2021

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