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.

CourtCourt of Appeals of Texas
DecidedMay 29, 2019
Docket05-19-00367-CV
StatusPublished

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.

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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., (Tex. Ct. App. 2019).

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.