Lisa Batie v. American Express Bank, FSB

• Court: Court of Appeals of Texas
• Decided: December 18, 2018
• Docket: 05-18-00912-CV
• Status: Published

Opinion

DISMISS and Opinion Filed December 18, 2018

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00912-CV

LISA BATIE, Appellant V. AMERICAN EXPRESS BANK, FSB, Appellee

On Appeal from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-17-06495-D

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 August 13, 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 August 13, 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 October 10, 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

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. 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

180912F.P05

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

LISA BATIE, Appellant On Appeal from the County Court at Law No. 4, Dallas County, Texas No. 05-18-00912-CV V. Trial Court Cause No. CC-17-06495-D. Opinion delivered by Chief Justice Wright. AMERICAN EXPRESS BANK, FSB, Justices Evans and Brown participating. Appellee

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

It is ORDERED that appellee AMERICAN EXPRESS BANK, FSB recover its costs of this appeal from appellant LISA BATIE.

Judgment entered December 18, 2018.

–3–