TMV L.L.C. D/B/A Triune v. Permanent Building Systems, Inc.

Opinion

Dismissed and Opinion Filed February 6, 2013

In The (nurt uf Auahi 3Fiftl! tIu%tntt nf ixa at atta No. 05-12-00716-CV

TMV LLC, DIB/A TRIUNE, Appellant V. PERMANENT BUILDING SYSTEMS, INC., Appellee

On Appeal from the 193rd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-09-16331

MEMORANDUM OPINION Before Justices Bridges, O’Neill, and Murphy Opinion by Justice O’Neill By letter dated May 29, 2012, we notifed appellant the $175 filing fee in this case was

due. We cautioned appellant that failure to file the fee within ten days would result in dismissal

of the appeal. By letter dated August 28, 2012, we informed appellant that the Dallas County

District Clerk’s Office had notified us that the clerk’s record had not been filed in this case

because appellant had not paid the clerk’s fee for the record. We directed appellant to, within ten

days, file verification of payment or written documentation that appellant is entitled to proceed

without payment of costs. We cautioned appellant that failure to file the required documentation

might result in dismissal of the appeal for want of prosecution. To date, appellant has not paid

the filing fee, provided verification that it has paid for the clerk’s record, provided written documentation that it is entitled to proceed without payment of costs, or otherwise corresponded

with the Court regarding the status of this appeal.

‘1 herefon. we dismiss this appcal See TEX R AP P 42 3(b)

‘ifdHAEL J. OE1LL JusTicE

120716RP05 Løurt Lif ‘piah 3fiftli Oitrirt øf ixa at kitki JUDGMENT

TMV LLC, D/B/A TRIUNE, Appellant On Appeal from the 193rd Judicial District Court, Dallas County, Texas No. O5- I 2OO7 I &CV V Trial Court Cause No. DC-09- 16331, Opinion delivered by Justice ONeill. PERMANENT BUILDING SYSTEMS, Justices Bridges and Murphy participating. INC., Appellee

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

It is ORDERED that appellee PERMANENT BUILDING SYSTEMS, INC. recover its costs of this appeal from appellant TMV L.L.C. D/B/A TRIUNE.

Judgment entered this day of February, 2013.

JUSTICE