Diaz, Carlos A. v. Roxana Mayra Martinez

Opinion

Dismissed and Opinion Filed this 13th day of February, 2013.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-00459-CV

CARLOS A. DIAZ, Appellant V. ROXANA MAYRA MARTINEZ, Appellee

On Appeal from the 305th Judicial District Court Dallas County, Texas Trial Court Cause No. DF 10-09071

MEMORANDUM OPINION Before Justices Lang-Miers, Myers and Lewis Opinion by Justice Lewis By letter dated April 9, 2012, we notified appellant the $175 filing fee was due. We

cautioned appellant that failure to pay the filing fee within ten days would result in the dismissal

of this appeal. By letter dated July 23, 2012, we informed appellant that the Court had received

notice from the Dallas County District Clerk that the clerk’s record in this case had not been filed

because appellant had not paid for the record. We directed appellant to provide the Court with

written verification that he had paid for or made arrangements to pay for the clerk’s record or

that he had been found 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 fee, 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).

/David Lewis/ DAVID LEWIS JUSTICE

120459F.P05

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

CARLOS A. DIAZ, Appellant On Appeal from the 305th Judicial District Court, Dallas County, Texas No. 05-12-00459-CV V. Trial Court Cause No. DF 10-09071. Opinion delivered by Justice Lewis. ROXANA MAYRA MARTINEZ, Appellee Justices Lang-Miers and Myers participating.

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

It is ORDERED that appellee ROXANA MAYRA MARTINEZ recover her costs of this appeal from appellant CARLOS A. DIAZ.

Judgment entered this 13th day of February, 2013.