Roxanna Mayo, Individually and as Representative of M.M., a Minor v. City of Dallas, 9-1-1 Operator Colleen Schwab, DPD Officer, John Doe 1-10, SBC Global Services, Inc. D/B/A AT & T Global Services, and AT&T Inc.
This text of Roxanna Mayo, Individually and as Representative of M.M., a Minor v. City of Dallas, 9-1-1 Operator Colleen Schwab, DPD Officer, John Doe 1-10, SBC Global Services, Inc. D/B/A AT & T Global Services, and AT&T Inc. (Roxanna Mayo, Individually and as Representative of M.M., a Minor v. City of Dallas, 9-1-1 Operator Colleen Schwab, DPD Officer, John Doe 1-10, SBC Global Services, Inc. D/B/A AT & T Global Services, and AT&T Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
DISMISS; and Opinion Filed May 29, 2019.
In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00367-CV
ROXANNA MAYO, INDIVIDUALLY AND AS REPRESENTATIVE OF M.M., A MINOR, Appellant V. CITY OF DALLAS, 9-1-1 OPERATOR COLLEEN SCHWAB, DPD OFFICER, JOHN DOE 1-10, SBC GLOBAL SERVICES, INC. D/B/A AT & T GLOBAL SERVICES, AND AT&T INC., Appellees
On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-17-00742
MEMORANDUM OPINION Before Justices Myers, Molberg, and Carlyle Opinion by Justice Molberg
This is an appeal from the trial court’s final judgment. Appellees SBC Global Services,
Inc. d/b/a AT&T Global Services and AT&T Inc. (collectively, “AT&T”) have filed a motion to
dismiss for want of jurisdiction, asserting the appeal was untimely. Appellant has not responded,
and we have been unable to determine the motion because the clerk’s record has not been filed.
On April 16, 2019, Dallas County District Clerk Felicia Pitre informed the Court the clerk’s
record had not been filed because appellant had not paid for it. That same day, we directed
appellant to file, within ten days, written verification she had paid or made arrangements to pay
for the clerk’s record or was entitled to proceed without payment of costs. Although we cautioned
her that failure to comply could result in dismissal of the appeal, she has not complied. See TEX. R. APP. P. 37.3(b). Accordingly, we dismiss the appeal and deny AT&T’s motion as moot. See
id. 37.3(b), 42.3(b),(c).
/Ken Molberg/ KEN MOLBERG JUSTICE
190367F.P05
–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT
ROXANNA MAYO, INDIVIDUALLY On Appeal from the 68th Judicial District AND AS REPRESENTATIVE OF M.M., Court, Dallas County, Texas A MINOR, Appellant Trial Court Cause No. DC-17-00742. Opinion delivered by Justice Molberg, No. 05-19-00367-CV V. Justices Myers and Carlyle participating.
CITY OF DALLAS, 9-1-1 OPERATOR COLLEEN SCHWAB, DPD OFFICER, JOHN DOE 1-10, SBC GLOBAL SERVICES, INC. D/B/A AT & T GLOBAL SERVICES, AND AT&T INC., Appellees
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
We ORDER appellees City of Dallas, 9-1-1 Operator Colleen Schwab, DPD Officer, John Doe 1-10, SBC Global Services, Inc. d/b/a AT & T Global Services, and AT&T Inc. recover their costs, if any, of this appeal from appellant Roxanna Mayo, Individually and As Representative of M.M., A Minor.
Judgment entered this 29th day of May 2019.
–3–
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Roxanna Mayo, Individually and as Representative of M.M., a Minor v. City of Dallas, 9-1-1 Operator Colleen Schwab, DPD Officer, John Doe 1-10, SBC Global Services, Inc. D/B/A AT & T Global Services, and AT&T Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/roxanna-mayo-individually-and-as-representative-of-mm-a-minor-v-city-texapp-2019.