Sheila K. Simmons v. Ally Bank

Opinion

Dismiss and Opinion Filed October 2, 2018

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00519-CV

SHEILA K. SIMMONS, Appellant V. ALLY BANK, Appellee

On Appeal from the 196th Judicial District Court Hunt County, Texas Trial Court Cause No. 85069

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

dated May 8, 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 May 8, 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. By letter dated May 30,

2018, 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, written verification of

payment or arrangements to pay for the clerk’s record or written verification appellant had been

found entitled to proceed without payment of costs. We cautioned appellant that failure to do so would result in the dismissal of this appeal 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

180519F.P05

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

SHEILA K. SIMMONS, Appellant On Appeal from the 196th Judicial District Court, Hunt County, Texas No. 05-18-00519-CV V. Trial Court Cause No. 85069. Opinion delivered by Chief Justice Wright. ALLY BANK, Appellee Justices Evans and Brown participating.

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

It is ORDERED that appellee ALLY BANK recover its costs of this appeal from appellant SHEILA K. SIMMONS.

Judgment entered October 2, 2018.

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