Tizita Belay v. Ashenafi Eshetu

• Court: Court of Appeals of Texas
• Decided: January 26, 2022
• Docket: 05-21-01025-CV
• Status: Published

Opinion

DISMISS and Opinion Filed January 26, 2022

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-01025-CV

TIZITA BELAY, Appellant V. ASHENAFI ESHETU, Appellee

On Appeal from the 296th Judicial District Court Collin County, Texas Trial Court Cause No. 296-55269-2019

MEMORANDUM OPINION Before Justices Myers, Molberg, and Garcia Opinion by Justice Garcia Tizita Belay filed a timely notice of appeal, making the appellate record due

on December 27, 2021. When it was not filed, we notified the district clerk and

directed her to file the clerk’s record within thirty days. Several days later, the district

clerk provided written verification that appellant had not paid for the clerk’s record.

By postcard dated January 4, 2022, we directed appellant to provide us with

written verification she had paid or made arrangements to pay for the clerk’s record.

We cautioned appellant that the failure to provide the requested documentation

within ten days could result in the appeal being dismissed. See TEX. R. APP. P. 37.3(b), 42.3(b), (c). To date, appellant has not responded, and the clerk’s record has

not been filed.

Under these circumstances, we dismiss this appeal for want of prosecution.

TEX. R. APP. P. 37.3(b), 42.3(b), (c).

/Dennise Garcia/ DENNISE GARCIA JUSTICE

211025F.P05

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

TIZITA BELAY, Appellant On Appeal from the 296th Judicial District Court, Collin County, Texas No. 05-21-01025-CV V. Trial Court Cause No. 296-55269- 2019. ASHENAFI ESHETU, Appellee Opinion delivered by Justice Garcia. Justices Myers and Molberg participating.

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

Judgment entered January 26, 2022

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