Kolter Bolton v. the Gateway

• Court: Court of Appeals of Texas
• Decided: December 18, 2018
• Docket: 05-18-00847-CV
• Status: Published

Opinion

DISMISS and Opinion Filed December 18, 2018

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00847-CV

KOLTER BOLTON, Appellant V. THE GATEWAY, Appellee

On Appeal from the County Court at Law No. 5 Collin County, Texas Trial Court Cause No. 005-01678-2018

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

dated July 25, 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 failure to do so would

result in dismissal of the appeal. Also by postcard dated July 25, 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. By

letter dated September 27, 2018, we informed appellant the clerk’s record had not been filed

because appellant had not paid for the clerk’s record. We directed appellant to provide, within ten

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

verification appellant had been found entitled to proceed without payment of costs. We cautioned appellant that failure to do so would result in the dismissal of this appeal 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).

/Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE

180847F.P05

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

KOLTER BOLTON, Appellant On Appeal from the County Court at Law No. 5, Collin County, Texas No. 05-18-00847-CV V. Trial Court Cause No. 005-01678-2018. Opinion delivered by Chief Justice Wright. THE GATEWAY, Appellee Justices Evans and Brown participating.

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

It is ORDERED that appellee THE GATEWAY recover its costs of this appeal from appellant KOLTER BOLTON.

Judgment entered December 18, 2018.

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