K&K Enterprises, LLC, Gary Kelley, Cheryl Kelley and Henry Kelley v. Preston Parker Crossing, Ltd.

• Court: Court of Appeals of Texas
• Decided: January 26, 2023
• Docket: 05-22-00909-CV
• Status: Published

Opinion

DISMISS and Opinion Filed January 26, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00909-CV

K&K ENTERPRISES, LLC, GARY KELLEY, CHERYL KELLEY AND HENRY KELLEY,, Appellants V. PRESTON PARKER CROSSING, LTD., Appellee

On Appeal from the County Court at Law No. 3 Collin County, Texas Trial Court Cause No. 003-01239-2021

MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Goldstein Opinion by Chief Justice Burns The filing fee and clerk’s record in this case have not been filed. By postcard

September 15, 2022, 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 failure to do so would result in dismissal of the appeal. By order dated October

12, 2022, 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 by October 24, 2022 that they had either paid for or made arrangements

to pay for the record. By order dated November 7, 2022, we granted appellants’ counsel’s motion to withdraw and extended the time to provide notification of

payment or arrangements to pay for the clerk’s record until December 19, 2022. We

again 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,

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

220909F.P05

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

K&K ENTERPRISES, LLC, GARY On Appeal from the County Court at KELLEY, CHERYL KELLEY AND Law No. 3, Collin County, Texas HENRY KELLEY,, Appellants Trial Court Cause No. 003-01239- 2021. No. 05-22-00909-CV V. Opinion delivered by Chief Justice Burns. Justices Molberg and PRESTON PARKER CROSSING, Goldstein participating. LTD., Appellee

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

Judgment entered January 26, 2023

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