Yablon, Mark Powell v. Yablon, Mary Elizabeth

Opinion

DISMISS; and Opinion Filed August 2, 2013.

S In The Court of Appeals Fifth District of Texas at Dallas

No. 05-11-00835-CV

MARK POWELL YABLON, Appellant V. MARY ELIZABETH YABLON, Appellee

On Appeal from the 199th Judicial District Court Collin County, Texas Trial Court Cause No. 199-51636-2009

MEMORANDUM OPINION Before Chief Justice Wright, Justice FitzGerald, and Justice Lewis Opinion by Justice Lewis By letter dated January 31, 2012, the Court notified appellant that the clerk’s record in

this case had not been filed because appellant had not paid for the preparation of the clerk’s

record. We directed appellant to provide the Court with written verification that he had paid for

the record or that he was entitled to proceed without payment of costs. We cautioned appellant

that if we did not receive such verification we would dismiss the appeal without further notice.

Thereafter, on April 2, 2012, this Court issued an opinion affirming the trial court’s order

sustaining the contest to appellant’s affidavit of indigence. On January 7, 2013 appellee filed a

motion to dismiss this appeal for lack of prosecution. In the motion, appellee noted, among other

things, that the clerk’s record in this case had not been filed. By letter dated January 23, 2013,

we directed appellant to file a response by February 4, 2013 and cautioned appellant that if he

did not file a response the case might be dismissed without further notice. Appellant filed his response on February 4, 2013. In his response, appellant asked the Court to “abate all decisions

on [the] motion to dismiss until after the Texas Supreme Court rule[d on appellant’s] mandamus

request which will be filed this week. The mandamus is in reference to the indigency matters

before the Court.” By order dated February 15, 2013, we denied appellee’s motion “at this

time.” Appellant did not, however, file a mandamus with the Supreme Court and has not

otherwise corresponded with the Court regarding the status of this appeal. Because appellant

has not paid for the clerk’s record, it has not been filed in this case.

Accordingly, on the Court’s own motion, we reconsider appellee’s January 23, 2013

motion to dismiss this appeal for lack of prosecution. We grant appellee’s motion and dismiss

this appeal.

/David Lewis/ DAVID LEWIS JUSTICE

110835F.P05

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

MARK POWELL YABLON, Appellant On Appeal from the 199th Judicial District Court, Collin County, Texas No. 05-11-00835-CV V. Trial Court Cause No. 199-51636-2009. Opinion delivered by Justice Lewis. Chief MARY ELIZABETH YABLON, Appellee Justice Wright and Justice FitzGerald participating.

In accordance with this Court’s opinion of this date, this appeal is DISMISSED. It is ORDERED that appellee MARY ELIZABETH YABLON recover her costs of this appeal from appellant MARK POWELL YABLON.

Judgment entered this 2nd day of August, 2013.

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