Roxanna Mayo, Individually and as Representative of M.M., a Minor v. City of Dallas, 9-1-1 Operator Colleen Schwab, DPD Officer, John Doe 1-10, SBC Global Services, Inc. D/B/A AT & T Global Services, and AT&T Inc. ( 2019 )

DISMISS; and Opinion Filed May 29, 2019.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00367-CV
ROXANNA MAYO, INDIVIDUALLY AND AS REPRESENTATIVE OF M.M., A
MINOR, Appellant
V.
CITY OF DALLAS, 9-1-1 OPERATOR COLLEEN SCHWAB, DPD OFFICER, JOHN
DOE 1-10, SBC GLOBAL SERVICES, INC. D/B/A AT & T GLOBAL SERVICES, AND
AT&T INC., Appellees
On Appeal from the 68th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-17-00742
MEMORANDUM OPINION
Before Justices Myers, Molberg, and Carlyle
Opinion by Justice Molberg
This is an appeal from the trial court’s final judgment. Appellees SBC Global Services,
Inc. d/b/a AT&T Global Services and AT&T Inc. (collectively, “AT&T”) have filed a motion to
dismiss for want of jurisdiction, asserting the appeal was untimely. Appellant has not responded,
and we have been unable to determine the motion because the clerk’s record has not been filed.
On April 16, 2019, Dallas County District Clerk Felicia Pitre informed the Court the clerk’s
record had not been filed because appellant had not paid for it. That same day, we directed
appellant to file, within ten days, written verification she had paid or made arrangements to pay
for the clerk’s record or was entitled to proceed without payment of costs. Although we cautioned
her that failure to comply could result in dismissal of the appeal, she has not complied. See TEX.
R. APP. P. 37.3(b). Accordingly, we dismiss the appeal and deny AT&T’s motion as moot. See
id. 37.3(b), 42.3(b),(c).
/Ken Molberg/
KEN MOLBERG
JUSTICE
190367F.P05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
ROXANNA MAYO, INDIVIDUALLY On Appeal from the 68th Judicial District
AND AS REPRESENTATIVE OF M.M., Court, Dallas County, Texas
A MINOR, Appellant Trial Court Cause No. DC-17-00742.
Opinion delivered by Justice Molberg,
No. 05-19-00367-CV V. Justices Myers and Carlyle participating.
CITY OF DALLAS, 9-1-1 OPERATOR
COLLEEN SCHWAB, DPD OFFICER,
JOHN DOE 1-10, SBC GLOBAL
SERVICES, INC. D/B/A AT & T
GLOBAL SERVICES, AND AT&T INC.,
Appellees
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
We ORDER appellees City of Dallas, 9-1-1 Operator Colleen Schwab, DPD Officer, John
Doe 1-10, SBC Global Services, Inc. d/b/a AT & T Global Services, and AT&T Inc. recover their
costs, if any, of this appeal from appellant Roxanna Mayo, Individually and As Representative of
M.M., A Minor.
Judgment entered this 29th day of May 2019.
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