Flex Capital Transport, LLC. D/B/A Flex Frac Oilfield and FlexFrac Proppant Sand Supplier v. Muskie Proppant LLC

Court of Appeals of Texas·Decided May 17, 2016·No. 05-16-00240-CV·Published

Opinion

Order entered May 17, 2016

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-16-00240-CV

FLEX CAPITAL TRANSPORT, LLC. D/B/A FLEX FRAC OILFIELD AND FLEXFRAC PROPPANT SAND SUPPLIER, Appellants

V.

MUSKIE PROPPANT LLC, Appellee

On Appeal from the 162nd Judicial District Court Dallas County, Texas

Trial Court Cause No. DC-14-00869

ORDER

Both the clerk’s and reporter’s records in this case are overdue. By postcard dated March

15, 2016, we notified the district clerk that the clerk’s record was overdue. We directed the district clerk to file the clerk’s record within thirty days. To date, the clerk’s record has not been filed. Also by postcard dated March 15, 2016, we notified the court reporter that the reporter’s record was overdue. We directed the court reporter to file the record within thirty days. To date, the reporter’s record has not been filed.

Accordingly, this Court ORDERS the Dallas County District Clerk to file, within TEN DAYS of the date of this order, either the clerk’s record or written verification that appellant has not paid for or made arrangements to pay for the record. We notify appellants that if we receive verification they have not paid for or made arrangements to pay for the record, we will, without further notice, dismiss the appeal. See TEX. R. APP. P. 37.3(b).

We ORDER Sheretta Martin, official court reporter for the 162nd Judicial District Court, to file, within TEN DAYS of the date of this order, either: (1) the reporter’s record; (2) written verification that no hearings were recorded; or (3) written verification that appellants have not paid for or made arrangements to pay for the record. We notify appellants that if we receive verification they have not requested or paid for or made arrangements to pay for the reporter’s record, we will order the appeal submitted without the reporter’s record. See TEX. R. APP. P. 37.3(c).

We DIRECT the Clerk to send copies of this order, by electronic transmission, to the following persons:

Felicia Pitre Dallas County District Clerk

Sheretta Martin Official Court Reporter, 162nd Judicial District Court

All parties

/s/ ELIZABETH LANG-MIERS JUSTICE

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Flex Capital Transport, LLC. D/B/A Flex Frac Oilfield and FlexFrac Proppant Sand Supplier v. Muskie Proppant LLC, (Tex. Ct. App. 2016).

Flex Capital Transport, LLC. D/B/A Flex Frac Oilfield and FlexFrac Proppant Sand Supplier v. Muskie Proppant LLC (Flex Capital Transport, LLC. D/B/A Flex Frac Oilfield and FlexFrac Proppant Sand Supplier v. Muskie Proppant LLC) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.