Sam C. Tamborello v. Lindsey Diane Nichols, Koy Arden Nichols, Berry R. Cox, and Highland Park, Texas

• Court: Court of Appeals of Texas
• Decided: May 10, 2021
• Docket: 05-21-00011-CV
• Status: Published

Opinion

DISMISS and Opinion Filed May 10, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00011-CV

SAM C. TAMBORELLO, Appellant V. LINDSEY DIANE NICHOLS, KOY ARDEN NICHOLS, BERRY R. COX, AND HIGHLAND PARK, TEXAS, Appellees

On Appeal from the 160th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-06613

MEMORANDUM OPINION Before Justices Myers, Partida-Kipness, and Garcia Opinion by Justice Garcia The filing fee and clerk’s record in this case are past due. By postcard dated

January 6, 2021, 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. By letter dated April 8,

2021, 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, verification that (1) appellant has either paid for or made arrangements to pay for the record, or (2) appellant is entitled to proceed without payment of costs.1 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 dismiss this appeal. See TEX. R. APP. P. 37.3(b); 42.3(b), (c).

/Dennise Garcia/ DENNISE GARCIA JUSTICE

210011F.P05

1 Appellant did not indicate that he was unable to pay costs on his docketing statement filed on January 20, 2021. –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

SAM C. TAMBORELLO, Appellant On Appeal from the 160th Judicial District Court, Dallas County, Texas No. 05-21-00011-CV V. Trial Court Cause No. DC-19-06613. Opinion delivered by Justice Garcia. LINDSEY DIANE NICHOLS, KOY Justices Osborne and Partida-Kipness ARDEN NICHOLS, BERRY R. participating. COX, AND HIGHLAND PARK, TEXAS, Appellees

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

It is ORDERED that appellees LINDSEY DIANE NICHOLS, KOY ARDEN NICHOLS, BERRY R. COX, AND HIGHLAND PARK, TEXAS recover their costs of this appeal from appellant SAM C. TAMBORELLO.

Judgment entered May 10, 2021

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