Sarah Marie Smith v. John Michael Smith

Opinion

Dismiss and Opinion Filed April 23, 2014

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00971-CV

SARAH MARIE SMITH, Appellant V. JOHN MICHAEL SMITH, Appellee

On Appeal from the 199th Judicial District Court Collin County, Texas Trial Court Cause No. 199-51420-2013

MEMORANDUM OPINION Before Justices Bridges, O’Neill, and Brown Opinion by Justice Bridges

The clerk’s record in this appeal is overdue and has not been filed because appellant has

failed to pay or make arrangements to pay for it. Appellant has also failed to show she is entitled

to proceed without advance payment of costs or otherwise communicate with the Court. She has

been given more than forty-five days to make payment arrangements or show she is entitled to

proceed without pre-payment, and she has been cautioned that failure to do either would result in

dismissal of the appeal. See TEX. R. APP. P. 37.3(b); 42.3(b), (c). Accordingly, we dismiss the appeal. See id. 42.3(b),(c).

/David L. Bridges/ DAVID L. BRIDGES JUSTICE

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

SARAH MARIE SMITH, Appellant On Appeal from the 199th Judicial District Court, Collin County, Texas No. 05-13-00971-CV V. Trial Court Cause No. 199-51420-2013. Opinion delivered by Justice Bridges. JOHN MICHAEL SMITH, Appellee Justices O’Neill and Brown participating.

In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER that appellee John Michael Smith recover his costs, if any, of this appeal from appellant Sarah Marie Smith.

Judgment entered April 23, 2014

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