Miiddle Inc. v. Pulsar, Inc., Keith Liljestrand, Individually, Craig Nealy, Individually, and D/B/A Global Channel Sales, Cristina Frieri Del Castillo, and EFO Management, LLC

• Court: Court of Appeals of Texas
• Decided: September 3, 2020
• Docket: 05-20-00584-CV
• Status: Published

Opinion

DISMISS and Opinion Filed September 3, 2020

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00584-CV

MIIDDLE INC., Appellant V. PULSAR, INC., KEITH LILJESTRAND, INDIVIDUALLY, CRAIG NEALY, INDIVIDUALLY, AND D/B/A GLOBAL CHANNEL SALES, CRISTINA FRIERI DEL CASTILLO, AND EFO MANAGEMENT, LLC, Appellees

On Appeal from the 116th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-18-07303

MEMORANDUM OPINION Before Justices Whitehill, Pedersen, III, and Reichek Opinion by Justice Reichek Before the Court is appellees’ August 21, 2020 motion to dismiss this appeal

for want of prosecution. Our records show that the filing fee, docketing statement,

and the clerk’s record in this case are past due. By postcard dated June 5, 2020, 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 June 5, 2020, 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 July 10, 2020, 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, (1)

verification of payment or arrangements to pay for the clerk’s record, or (2) written

documentation that 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 grant appellees’ motion and we dismiss this appeal. See

TEX. R. APP. P. 37.3(b); 42.3(b), (c).

/Amanda L. Reichek/ AMANDA L. REICHEK JUSTICE

200584F.P05

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

MIIDDLE INC., Appellant On Appeal from the 116th Judicial District Court, Dallas County, Texas No. 05-20-00584-CV V. Trial Court Cause No. DC-18-07303. Opinion delivered by Justice PULSAR, INC., KEITH Reichek. Justices Whitehill and LILJESTRAND, INDIVIDUALLY, Pedersen, III participating. CRAIG NEALY, INDIVIDUALLY, AND D/B/A GLOBAL CHANNEL SALES, CRISTINA FRIERI DEL CASTILLO, AND EFO MANAGEMENT, LLC, Appellee

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

It is ORDERED that appellees PULSAR, INC., KEITH LILJESTRAND, INDIVIDUALLY, CRAIG NEALY, INDIVIDUALLY, AND D/B/A GLOBAL CHANNEL SALES, CRISTINA FRIERI DEL CASTILLO, AND EFO MANAGEMENT, LLC recover their costs of this appeal from appellant MIIDDLE INC..

Judgment entered September 3, 2020

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