DBS Business Service Solutions, LLC D/B/A DBS Managed IT Services v. Mothers Against Drunk Driving

Opinion

Dismiss and Opinion Filed March 10, 2021

In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00860-CV

DBS BUSINESS SERVICE SOLUTIONS, LLC D/B/A DBS MANAGED IT SERVICES, Appellant V. MOTHERS AGAINST DRUNK DRIVING, Appellee

On Appeal from the 366th Judicial District Court Collin County, Texas Trial Court Cause No. 366-00315-2019

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

due. By postcard dated September 30, 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 September 30, 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. On December 8, 2020, we sent appellant a second notice regarding the overdue filing fee and directed appellant to pay the fee within ten days.

By letter dated January 19, 2021, 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, filed the docketing statement, 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

200860F.P05

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

DBS BUSINESS SERVICE On Appeal from the 366th Judicial SOLUTIONS, LLC D/B/A DBS District Court, Collin County, Texas MANAGED IT SERVICES, Trial Court Cause No. 366-00315- Appellant 2019. Opinion delivered by Justice No. 05-20-00860-CV V. Schenck. Justices Smith and Garcia participating. MOTHERS AGAINST DRUNK DRIVING, Appellee

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

It is ORDERED that appellee MOTHERS AGAINST DRUNK DRIVING recover its costs of this appeal from appellant DBS BUSINESS SERVICE SOLUTIONS, LLC D/B/A DBS MANAGED IT SERVICES.

Judgment entered this 10th day of March, 2021.

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