Graham-Rutledge & Company, Inc. v. Bailey's Furniture, Inc.

Opinion

DISMISS; and Opinion Filed July 10, 2015.

S In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-15-00072-CV

GRAHAM-RUTLEDGE & COMPANY, INC., Appellant V.

BAILEY'S FURNITURE, INC., Appellee

On Appeal from the 191st Judicial District Court Dallas County, Texas

Trial Court Cause No. DC-11-02523-J

MEMORANDUM OPINION Before Justices Fillmore, Myers, and Evans Opinion by Justice Fillmore Both the filing fee and the clerk’s record in this case are overdue. By postcard dated

January 20, 2015, we notified appellant the $195 filing fee was due. We directed appellant to

remit the fee within ten days. We cautioned appellant that failure to do so would result in the

dismissal of this appeal without further notice. By letter dated March 26, 2015, we informed

appellant that we had been notified by the Dallas County District Clerk that the clerk’s record in

this case had been prepared but had not been filed because appellant had not paid for or made

arrangements to pay for the clerk’s record. We directed appellant to provide the Court with

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

ten days. We cautioned appellant that if we did not receive the required verification, we might

dismiss the appeal without further notice. To date, appellant has not paid the filing fee, provided

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the required verification, 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).

/Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE

150072F.P05

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S

Court of Appeals

Fifth District of Texas at Dallas JUDGMENT

GRAHAM-RUTLEDGE & COMPANY, On Appeal from the 191st Judicial District INC., Appellant Court, Dallas County, Texas Trial Court Cause No. DC-11-02523-J.

No. 05-15-00072-CV V. Opinion delivered by Justice Fillmore.

Justices Myers and Evans participating.

BAILEY'S FURNITURE, INC., Appellee

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

It is ORDERED that appellee BAILEY'S FURNITURE, INC. recover its costs of this appeal from appellant GRAHAM-RUTLEDGE & COMPANY, INC.

Judgment entered this 10th day of July, 2015.