Patsy J. Taylor v. Esmeralda Hernandez

• Court: Court of Appeals of Texas
• Decided: April 25, 2016
• Docket: 05-16-00008-CV
• Status: Published

Opinion

Dismissed and Opinion Filed April 25, 2016

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-00008-CV

PATSY J. TAYLOR, Appellant

V.

ESMERALDA HERNANDEZ, Appellee

On Appeal from the 298th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-14-09098

MEMORANDUM OPINION Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart Opinion by Chief Justice Wright The filing fee, docketing statement, and clerk’s record in this case are past due. By

postcard dated January 5, 2016, 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 January 5, 2016, we

notified appellant the docketing statement had not been filed in this case. We directed appellant

to file the docketing statement within ten days. We cautioned appellant that failure to do so

might result in dismissal of this appeal. By letter dated January 19, 2016, we informed appellant

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

pay for the clerk’s record. We directed appellant to provide verification of payment or arrangements to pay for the clerk’s record or written documentation that appellant had been

found to be 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. Both notices and letter

were sent to the address provided by appellant with her notice of appeal, and both notices and

letter were returned as “not deliverable as addressed.” To date, appellant has not provided a

current address, paid the filing fee, filed the docketing statement, provided the required

documentation, or otherwise corresponded with the Court regarding the status of the clerk’s

record.

Accordingly, we dismiss this appeal. See TEX. R. APP. P. 5; 37.3(b); 42.3(b),(c).

/Carolyn Wright/ CAROLYN WRIGHT 160008F.P05 CHIEF JUSTICE

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

PATSY J. TAYLOR, Appellant On Appeal from the 298th Judicial District Court, Dallas County, Texas No. 05-16-00008-CV V. Trial Court Cause No. DC-14-09098. Opinion delivered by Chief Justice Wright. ESMERALDA HERNANDEZ, Appellee Justices Lang-Miers and Stoddart participating.

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

We ORDER that appellee Esmeralda Hernandez recover her costs, if any, of this appeal from appellant Patsy J. Taylor.

Judgment entered April 25, 2016.

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