Chelsea Davis v. Leslie Ware, Samuel Baxter ( 2015 )

Dismissed and Opinion Filed June 3, 2015 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-01036-CV CHELSEA DAVIS, Appellant V. LESLIE WARE, SAMUEL BAXTER, ET AL., Appellees On Appeal from the 254th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-13-19281 MEMORANDUM OPINION Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart Opinion by Chief Justice Wright Appellant filed a “Notice of Abatement and Vacatur” in which she requests that this case be “dissolved as if never filed” and that this Court “immediately refund to Chelsea L. Davis all filing fees and costs for failure to file.” We treat appellant’s pleading as a motion to dismiss the appeal, grant the motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1). Appellant cites no statute or rule that excuses her from paying filing fees. We deny relator’s request that her filing fees be refunded. See TEX. R. APP. P. 5. (“A party who is not excused by statute or these rules from paying costs must pay--at the time an item is presented for filing--whatever fees are required by statute or Supreme Court order.”) /Carolyn Wright/ 141036F.P05 CAROLYN WRIGHT CHIEF JUSTICE S Court of Appeals Fifth District of Texas at Dallas JUDGMENT CHELSEA DAVIS, Appellant On Appeal from the 254th Judicial District Court, Dallas County, Texas No. 05-14-01036-CV V. Trial Court Cause No. DF-13-19281. Opinion delivered by Chief Justice Wright. LESLIE WARE, SAMUEL BAXTER, ET Justices Lang-Miers and Stoddart AL., Appellees participating. In accordance with this Court’s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellees LESLIE WARE, SAMUEL BAXTER, HARLAN CROW, AND MCKOOL SMITH P.C. recover their costs of this appeal from appellant CHELSEA DAVIS. Judgment entered this 3rd day of June, 2015. –2–