Herman Haynes v. John Jones, Freeman Food Service of Dallas, Inc.

• Court: Court of Appeals of Texas
• Decided: March 1, 2013
• Docket: 05-12-01063-CV
• Status: Published

Opinion

Order entered March 1, 2013

In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01063-CV

HERMAN HAYNES, Appellant

V.

JOHN JONES AND FREEMAN FOOD SERVICE OF DALLAS, INC., Appellees

On Appeal from the 116th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-10-03731

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

November 26, 2012, 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, nor has the court reporter corresponded with the Court regarding the status of the

record. Also by postcard dated November 26, 2012, we notified the Dallas County 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, nor has the District Clerk

correspond with the Court regarding the status of the record .

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 been found indigent and has not paid for the record. We notify appellant that if we receive

verification he is not indigent and has not paid for the record, we will, without further notice,

dismiss the appeal for want of prosecution. See TEX. R. APP. P. 37.3(b).

We ORDER Renee Carroll, official court reporter for the 116th Judicial District Court,

to file, within FIFTEEN 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 appellant has

not been found indigent and has not paid for the record. We notify appellant that if we receive

verification he is not indigent and has not paid for the 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:

Gary Fitzsimmons Dallas County District Clerk

Renee Carroll Official Court Reporter, 116th Judicial District Court

/s/ CAROLYN WRIGHT CHIEF JUSTICE