Jon Bernhard and Arborculture Services, Inc. v. Mark Lassiter

• Court: Court of Appeals of Texas
• Decided: February 3, 2015
• Docket: 05-14-00866-CV
• Status: Published

Opinion

Dismissed and Opinion Filed February 2, 2015

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00866-CV

JON BERNHARD AND ARBORCULTURE SERVICES, INC., Appellants V. MARK LASSITER, Appellee

On Appeal from the 401st Judicial District Court Collin County, Texas Trial Court Cause No. 401-04450-2013

MEMORANDUM OPINION Before Justices Francis, Lang-Miers, and Whitehill Opinion by Justice Francis The filing fee, docketing statement, and clerk’s record in this case are past due. By

postcard dated July 2, 2014 we notified appellants the $195 filing fee was due. We directed

appellants to remit the filing fee within ten days and expressly cautioned appellants that failure to

do so would result in dismissal of the appeal. Also by postcard dated July 2, 2014, we notified

appellants the docketing statement had not been filed in this case. We directed appellants to file

the docketing statement within ten days. We cautioned appellants that failure to do so might

result in dismissal of this appeal. By letter dated September 29, 2014, we informed appellants the

clerk’s record had not been filed because appellants had not paid for the clerk’s record. We

directed appellants to provide verification of payment or arrangements to pay for the clerk’s

record. We cautioned appellants that failure to do so would result in the dismissal of this appeal without further notice. To date, appellants have not paid the filing fee, filed the docketing

statement, 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).

140866F.P05 /Molly Francis/ MOLLY FRANCIS JUSTICE

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

JON BERNHARD AND On Appeal from the 401st Judicial District ARBORCULTURE SERVICES, INC., Court, Collin County, Texas Appellants Trial Court Cause No. 401-04450-2013. Opinion delivered by Justice Francis. No. 05-14-00866-CV V. Justices Lang-Miers and Whitehill participating. MARK LASSITER, Appellee

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

It is ORDERED that appellee MARK LASSITER recover his costs of this appeal from appellants JON BERNHARD AND ARBORCULTURE SERVICES, INC.

Judgment entered February 2, 2015.

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