RLC Management v. Advenir at Prestonwood

• Court: Court of Appeals of Texas
• Decided: December 19, 2018
• Docket: 05-18-01019-CV
• Status: Published

Opinion

DISMISS and Opinion Filed December 19, 2018

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01019-CV

RLC MANAGEMENT, Appellant V. ADVENIR AT PRESTONWOOD, Appellee

On Appeal from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. CC-18-03618-E

MEMORANDUM OPINION Before Chief Justice Wright, Justice Evans, and Justice Brown Opinion by Chief Justice Wright The filing fee, docketing statement, clerk’s record, and reporter’s record in this case are

past due. By postcard dated September 5, 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 September 5, 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.

In letters dated October 24, 2018, we informed appellant the clerk’s record and the

reporter’s record had not been filed because appellant had not paid for the clerk’s record or the

reporter’s record. We directed appellant to provide verification of payment or arrangements to pay for the clerk’s record and reporter’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. Five days

later, we again notified appellant of the failure to pay for the record and cautioned appellant that

the appeal could be dismissed for want of prosecution. 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

181019F.P05

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

RLC MANAGEMENT, Appellant On Appeal from the County Court at Law No. 5, Dallas County, Texas No. 05-18-01019-CV V. Trial Court Cause No. CC-18-03618-E. Opinion delivered by Chief Justice Wright. ADVENIR AT PRESTONWOOD, Justices Evans and Brown participating. Appellee

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

It is ORDERED that appellee ADVENIR AT PRESTONWOOD recover its costs of this appeal from appellant RLC MANAGEMENT.

Judgment entered December 19, 2018

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