Donny Joe Curry v. Amenda Henderson

• Court: Court of Appeals of Texas
• Decided: June 29, 2018
• Docket: 05-18-00234-CV
• Status: Published

Opinion

DISMISS; and Opinion Filed June 29, 2018.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00234-CV

DONNY JOE CURRY, Appellant V. AMENDA HENDERSON, F. DUNCAN THOMAS, JOEL LITTLEFIED, TIMOTHY LINDEN, RANDY MEEKS, ROBERT S. DAVIS, AND FLOWERS- DAVIS PLLC, Appellees

On Appeal from the 354th Judicial District Court Hunt County, Texas Trial Court Cause No. 84319

MEMORANDUM OPINION Before Justices Lang-Miers, Evans, and Schenck Opinion by Justice Lang-Miers The clerk’s record in this case is past due. On May 8, 2018, the Court received a letter

from the Hunt County District Clerk informing the Court that the clerk’s record had not been filed

because appellant had not paid for the clerk’s record. The Hunt County District Clerk attached a

copy of the trial court’s March 26, 2018 order sustaining the contest to appellant’s affidavit of

indigence. Thereafter, by letter dated May 15, 2018, 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, written verification of payment or arrangements to pay for the clerk’s

record or written verification 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, provided the required

documentation, or otherwise corresponded with the Court regarding the status of this appeal.

We dismiss this appeal for want of prosecution. TEX. R. APP. P. 37.3(b); 42.3(b), (c).

/Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE

180234F.P05

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

DONNY JOE CURRY, Appellant On Appeal from the 354th Judicial District Court, Hunt County, Texas No. 05-18-00234-CV V. Trial Court Cause No. 84319. Opinion delivered by Justice Lang-Miers. AMENDA HENDERSON, F. DUNCAN Justices Evans and Schenck participating. THOMAS, JOEL LITTLEFIED, TIMOTHY LINDEN, RANDY MEEKS, ROBERT S. DAVIS, and FLOWERS- DAVIS PLLC, Appellees

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

It is ORDERED that appellees AMENDA HENDERSON, F. DUNCAN THOMAS, JOEL LITTLEFIED, TIMOTHY LINDEN, RANDY MEEKS, ROBERT S. DAVIS, and FLOWERS- DAVIS PLLC, recover their costs of this appeal from appellant DONNY JOE CURRY.

Judgment entered this 29th day of June, 2018.

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