John W. Smith v. Cottages at Hickory Crossing, LLC

• Court: Court of Appeals of Texas
• Decided: April 3, 2019
• Docket: 05-18-01514-CV
• Status: Published

Opinion

DISMISS and Opinion Filed April 3, 2019

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01514-CV

JOHN W. SMITH, Appellant V. COTTAGES AT HICKORY CROSSING, LLC, Appellee

On Appeal from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. CC-18-05504-E

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

December 18, 2018, we informed appellant the docketing statement in this case was due. We

cautioned appellant that failure to file the docketing statement within ten days might result in the

dismissal of this appeal without further notice. The notice was returned to the court. The clerk’s

office called appellant and left a voice mail directing appellant to update his address so that the

Court could notice appellant about the case. Appellant did not respond. By letter dated February

19, 2019, we notified appellant at his last known address that the Dallas County Clerk had informed

the Court that the clerk’s record had not been filed because appellant had not paid or made

arrangements to pay 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 appellant had been found entitled to proceed without payment of costs within ten days.1 We

cautioned appellant that failure to do so would result in the dismissal of this appeal without further

notice. To date, appellant has not filed the docketing statement, provided the Court with the

required documentation, updated his address, nor otherwise corresponded with the Court regarding

the status of this appeal.

Accordingly, we dismiss this appeal for want of prosecution. See TEX. R. APP. P. 42.3(b),

(c).

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

181514F.P05

1 Appellant filed a statement of inability to pay costs. Our records do not indicate whether the statement was challenged by the County clerk or Court Reporter.

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

JOHN W. SMITH, Appellant On Appeal from the County Court at Law No. 5, Dallas County, Texas No. 05-18-01514-CV V. Trial Court Cause No. CC-18-05504-E. Opinion delivered by Chief Justice Burns. COTTAGES AT HICKORY CROSSING, Justices Whitehill and Molberg LLC, Appellee participating.

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

Judgment entered April 3, 2019

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