Emma Dunn and Beunca Dunn, Individually and as Next of Friend of T.D., D.K. and C.D., Minor Children, and Ernest Riggens, Individually and as Next of Friend of J.R., a Minor Child v. Mike Trucking Inc., Dba, North Texas Trucking, Inc.

• Court: Court of Appeals of Texas
• Decided: July 27, 2015
• Docket: 05-15-00030-CV
• Status: Published

Opinion

Dismissed and Opinion Filed July 22, 2015

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00030-CV

EMMA DUNN AND BEUNCA DUNN, INDIVIDUALLY AND AS NEXT OF FRIEND OF T.D., D.K. AND C.D., MINOR CHILDREN, AND ERNEST RIGGENS, INDIVIDUALLY AND AS NEXT OF FRIEND OF J.R., A MINOR CHILD, Appellants V. MIKE TRUCKING INC., DBA, NORTH TEXAS TRUCKING, INC., Appellee

On Appeal from the County Court at Law No. 1 Dallas County, Texas Trial Court Cause No. CC-14-00603-A

MEMORANDUM OPINION Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart Opinion by Chief Justice Wright The clerk’s record in this case is overdue. By letter dated January 14, 2015, we informed

appellants’ attorney that the Dallas County Clerk had notified the Court that the clerk’s record

had not been filed because appellants had not paid for or made arrangements to pay for the

clerk’s record. We directed appellants to file written verification that they had paid for or made

arrangements to pay for the clerk’s record or that they had been found entitled to proceed without

payment of costs. We cautioned appellants that if they did not file the required documentation

within ten days, we might dismiss the appeal without further notice. By postcard dated February

9, 2015, we notified appellants’ attorney the Court had received but did not file appellants’ brief

because the brief was tendered to the Court before the clerk’s record was filed. We directed appellants’ attorney to make arrangements to have the clerk’s record filed with the Court. To

date, the clerk’s record has not been filed, and appellants have not corresponded with the Court

regarding the status of the clerk’s record.

Accordingly, we dismiss this appeal. See TEX. R. APP. P. 37.3(b); 42.3(b),(c).

150030F.P05 /CarolynWright/ CAROLYN WRIGHT CHIEF JUSTICE

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

EMMA DUNN AND BEUNCA DUNN, On Appeal from the County Court at Law INDIVIDUALLY AND AS NEXT OF No. 1, Dallas County, Texas FRIEND OF T.D., D.K. AND C.D., MINOR Trial Court Cause No. CC-14-00603-A. CHILDREN, AND ERNEST RIGGENS, Opinion delivered by Chief Justice Wright. INDIVIDUALLY AND AS NEXT OF Justices Lang-Miers and Stoddart FRIEND OF J.R., A MINOR CHILD, participating. Appellants

No. 05-15-00030-CV V.

MIKE TRUCKING INC., DBA, NORTH TEXAS TRUCKING, INC., Appellee

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

It is ORDERED that appellee MIKE TRUCKING INC., DBA, NORTH TEXAS TRUCKING, INC. recover its costs of this appeal from appellant EMMA DUNN AND BEUNCA DUNN, INDIVIDUALLY AND AS NEXT OF FRIEND OF T.D., D.K. AND C.D., MINOR CHILDREN, AND ERNEST RIGGENS, INDIVIDUALLY AND AS NEXT OF FRIEND OF J.R., A MINOR CHILD.

Judgment entered July 22, 2015.

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