Febline Deming v. Yolanda Barbosa

• Court: Court of Appeals of Texas
• Decided: January 5, 2015
• Docket: 05-14-01018-CV
• Status: Published

Opinion

Dismissed and Opinion Filed January 2, 2015.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-01018-CV

FEBLINE DEMING, Appellant V. YOLANDA BARBOSA, ET AL., Appellees

On Appeal from the 162nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-13-02731

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 past due. By postcard dated September 16, 2014, we

notified appellant the clerk’s record was past due. On September 19, 2014, we received

notification from the Dallas County District Clerk that the clerk’s record had been prepared but

was being held for non-payment. By letter dated September 19, 2014, we informed the appellant

the clerk’s record had not been filed because appellant had not paid for the clerk’s record. We

directed appellant to provide verification of payment or arrangements to pay for the clerk’s

record or to provide written documentation that she 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 provided this Court with the clerk’s record, any 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).

141018F.P05 /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE

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

FEBLINE DEMING, Appellant On Appeal from the 162nd Judicial District Court, Dallas County, Texas No. 05-14-01018-CV V. Trial Court Cause No. DC-13-02731. Opinion delivered by Chief Justice Wright. YOLANDA BARBOSA, ET AL., Appellees Justices Lang-Miers and Stoddart participating.

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

It is ORDERED that appellees YOLANDA BARBOSA, ABRAHAM BARBOSA, AURORA ALVARADO, FERMIN REYES, ANABEL ALVAREZ REYES, and ELIBERTO GONZALEZ recover their costs of this appeal from appellant FEBLINE DEMING.

Judgment entered January 2, 2015.

–3–