Marjurita D. Kelley, Individually and as the Representative of the Estate of D'Lisa M. Kelley v. the City of Dallas

Opinion

Dismiss; Opinion Filed January 16, 2020

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-19-01105-CV

MARJURITA D. KELLEY, INDIVIDUALLY AND AS THE REPRESENTATIVE OF THE ESTATE OF D’LISA M. KELLEY, Appellant V.

THE CITY OF DALLAS, KEVIN MANSELL, AND ABIGAIL DOMINGUEZ, Appellees

On Appeal from the 162nd Judicial District Court Dallas County, Texas

Trial Court Cause No. DC-16-02799

MEMORANDUM OPINION

Before Chief Justice Burns, Justice Molberg, and Justice Nowell Opinion by Chief Justice Burns Since filing her notice of appeal on September 11, 2019, appellant has not communicated

with this Court or taken any further steps to prosecute the appeal. She has not paid the appellate

filing fee and has not filed an affidavit indicating her inability to pay nor anything with this Court

asking for relief from inability to pay.

On October 22, 2019, the district clerk informed the Court the clerk’s record would not be

filed because appellant had not paid the clerk’s fee. That same day, we directed appellant to file,

no later than November 1, 2019, written verification she had made arrangements to pay the fee or

was entitled to proceed without paying the fee. See Tex. R. App. P. 35.3(a). Although we

cautioned appellant that failure to comply could result in dismissal of the appeal without further

2

notice, appellant has not complied. See id. 37.3(b). Accordingly, we dismiss the appeal. See id.,

42.3(b),(c).

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

191105F.P05

3

Court of Appeals

Fifth District of Texas at Dallas JUDGMENT

MARJURITA D. KELLEY, On Appeal from the 162nd Judicial District INDIVIDUALLY AND AS THE Court, Dallas County, Texas REPRESENTATIVE OF THE ESTATE Trial Court Cause No. DC-16-02799. OF D’LISA M. KELLEY, Appellant Opinion delivered by Chief Justice Burns, Justices Molberg and Nowell participating.

No. 05-19-01105-CV V.

THE CITY OF DALLAS, KEVIN MANSELL, AND ABIGAIL DOMINGUEZ, Appellees

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

It is ORDERED that appellees the City of Dallas, Kevin Mansell, and Abigail Dominguez recover their costs, if any, of this appeal from appellant Marjurita D. Kelley, Individually and as the Representative of the Estate of D’Lisa M. Kelley.

Judgment entered this 16th day of January, 2020.