Isaac Serunjoji v. Chateau De Ville

• Court: Court of Appeals of Texas
• Decided: March 8, 2019
• Docket: 05-18-00906-CV
• Status: Published

Opinion

DISMISS and Opinion Filed March 8, 2019

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00906-CV

ISAAC SERUNJOJI, Appellant V. CHATEAU DE VILLE, Appellee

On Appeal from the County Court at Law No. 2 Dallas County, Texas Trial Court Cause No. CC-18-03883-B

MEMORANDUM OPINION Before Chief Justice Burns, Justice Whitehill, and Justice Molberg Opinion by Chief Justice Burns The filing fee, docketing statement, and clerk’s record in this case are past due. By postcard

dated August 9, 2018, we notified appellant the $205 filing fee was due. We directed appellant to

remit the filing fee within ten days and expressly cautioned appellant that the failure to do so would

result in dismissal of this appeal. Also by postcard dated August 9, 2018, we informed appellant

the docketing statement in this case was due and cautioned him that the failure to file the docketing

statement within ten days might result in a dismissal of this appeal without further notice.

On October 10, 2018, we notified the Dallas County Clerk that the clerk’s record was past

due and instructed the clerk to file the record. When it was not filed, we then ordered the Dallas

County Clerk to file (1) the clerk’s record or (2) written verification appellant had not paid or made

arrangements to pay for the record and appellant had not been found entitled to proceed without payments of costs. In the order, we cautioned appellant that we would dismiss the appeal without

further notice if we received verification from the clerk that appellant had not paid or made

arrangements to pay for the record. By letter dated February 22, 2019, the Dallas County clerk

informed the Court that the record had not been filed because appellant had not paid or made

arrangements to pay for the record. That same day, we again notified appellant, directing him to

provide verification of payment or arrangements to pay for the clerk’s record or to provide written

documentation he had been found entitled to proceed without payment of costs. We also cautioned

him that if the Court did not receive the required documentation within ten days, the Court would

dismiss the appeal for want of prosecution without further notice. To date, appellant has not paid

the filing fee, provided the 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).

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE

180906F.P05

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

ISAAC SERUNJOJI, Appellant On Appeal from the County Court at Law No. 2, Dallas County, Texas No. 05-18-00906-CV V. Trial Court Cause No. CC-18-03883-B. Opinion delivered by Chief Justice Burns, CHATEAU DE VILLE, Appellee Justices Whitehill and Molberg participating.

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

It is ORDERED that appellee CHATEAU DE VILLE recover its costs, if any, of this appeal from appellant ISAAC SERUNJOJI.

Judgment entered March 8, 2019

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