Michael Haller v. Midway Collections/Nationwide Recovery Systems

Opinion

DISMISS; Opinion Filed April 11, 2014.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00935-CV

MICHAEL HALLER, HHT LIMITED LLC, AND NRG & ASSOCIATES, LLC Appellants V. MIDWAY COLLECTIONS/NATIONWIDE RECOVERY SYSTEMS, Appellee

On Appeal from the 219th Judicial District Court Collin County, Texas Trial Court Cause No. 219-05267-2011

MEMORANDUM OPINION Before Justices FitzGerald, Fillmore, and Evans Opinion by Justice Evans The clerk’s record in this case is overdue. Our records show that by letter dated August

16, 2013, we notified appellants that the Court had received notice the clerk’s record had not

been filed because appellants had not paid or made arrangements to pay for the clerk’s record.

We directed appellants to file written verification of payment or arrangements to pay for the

clerk’s record within ten days. Thereafter, we received two letters from appellants regarding

payment for the clerk’s record. The latter of these letters, dated October 8, 2013 indicated the

record had been paid for, but the District Clerk was not able to verify the payment and that

appellants needed “to run a report to find the check.” By letter dated March 21, 2014, we again

notified appellants regarding the past due clerk’s record. We again cautioned appellants that if

we did not receive written verification of payment for the clerk’s record within ten days, we would dismiss the case without further notice. To date, the clerk’s record has not been filed and

appellants have not provided the required documentation regarding the clerk’s record.

Accordingly, we dismiss this appeal. See TEX. R. APP. P. 37.3(b); 42.3(b), (c).

/David Evans/ DAVID EVANS JUSTICE

130935F.P05

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

MICHAEL HALLER, ET AL., Appellants On Appeal from the 219th Judicial District Court, Collin County, Texas No. 05-13-00935-CV V. Trial Court Cause No. 219-05267-2011. Opinion delivered by Justice Evans. MIDWAY Justices FitzGerald and Fillmore COLLECTIONS/NATIONWIDE participating. RECOVERY SYSTEMS, Appellee

In accordance with this Court’s opinion of this date, this appeal is DISMISSED. It is ORDERED that appellee MIDWAY COLLECTIONS/NATIONWIDE RECOVERY SYSTEMS recover its costs of this appeal from appellants MICHAEL HALLER, HHT LIMITED LLC, AND NRG & ASSOCIATES, LLC.

Judgment entered this 11th day of April, 2014.

/ David Evans/ DAVID EVANS JUSTICE

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