Tri Pham v. Mitra Mahmoudi

Court of Appeals of Texas·Decided December 10, 2020·No. 05-20-00715-CV·Published

Opinion

Dismissed and Opinion Filed December 10, 2020

In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00715-CV

TRI PHAM, Appellant V. MITRA MAHMOUDI, Appellee

On Appeal from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. CC-20-01961-E

MEMORANDUM OPINION Before Justices Whitehill, Schenck, and Browning Opinion by Justice Schenck The filing fee, docketing statement, and clerk’s record in this case are past

due. By postcard dated August 3, 2020, 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 August 3, 2020, 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.

By letter dated November 2, 2020, 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, (1) verification of payment or arrangements to

pay for the clerk’s record, or (2) written documentation that 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 without further notice. To date,

appellant has not paid the filing fee, filed the docketing statement, 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).

/David J. Schenck/ DAVID J. SCHENCK JUSTICE

200715F.P05

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

TRI PHAM, Appellant On Appeal from the County Court at Law No. 5, Dallas County, Texas No. 05-20-00715-CV V. Trial Court Cause No. CC-20-01961- E. MITRA MAHMOUDI, Appellee Opinion delivered by Justice Schenck. Justices Whitehill and Browning participating.

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

It is ORDERED that appellee MITRA MAHMOUDI recover her costs of this appeal from appellant TRI PHAM.

Judgment entered this 10th day of December, 2020.

–3–

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