Three Thousand Four Hundred Dollars ($3,400.00) in Lawful United States Currency v. State

• Court: Court of Appeals of Texas
• Decided: December 19, 2018
• Docket: 05-18-01030-CV
• Status: Published

Opinion

DISMISS and Opinion Filed December 19, 2018

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01030-CV

THREE THOUSAND FOUR HUNDRED DOLLARS ($3,400.00) IN LAWFUL UNITED STATES CURRENCY, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 199th Judicial District Court Collin County, Texas Trial Court Cause No. 199-01733-2018

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

past due. By postcard dated September 10, 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 September 10,

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 without further notice.

The record was due October 12, 2018. In a letter dated October 15, 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 verification of payment or arrangements to pay for the clerk’s record or to provide written documentation appellant had been found entitled to proceed without

payment of costs within ten days. We cautioned appellant that failure to do so would result in the

dismissal of this appeal without further notice. Likewise, in a letter dated October 19, 2018, we

notified appellant that the reporter’s record had not been filed; we directed appellant to file written

proof he had paid or made arrangements to pay for the record or was entitled to proceed without

payment of costs within ten days. 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

181030F.P05

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

THREE THOUSAND FOUR HUNDRED On Appeal from the 199th Judicial District DOLLARS ($3,400.00) IN LAWFUL Court, Collin County, Texas UNITED STATES CURRENCY, Trial Court Cause No. 199-01733-2018. Appellant Opinion delivered by Chief Justice Wright. Justices Evans and Brown participating. No. 05-18-01030-CV V.

THE STATE OF TEXAS, Appellee

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

It is ORDERED that appellee THE STATE OF TEXAS recover its costs, if any, of this appeal from appellant THREE THOUSAND FOUR HUNDRED DOLLARS ($3,400.00) IN LAWFUL UNITED STATES CURRENCY.

Judgment entered December 19, 2018

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