Lagathre Denise Moore v. Baylor Health Care System and Bradley Boyte ( 2014 )

Dismiss and Opinion Filed February 26, 2014 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00491-CV LAGATHRE DENISE MOORE, Appellant V. BAYLOR HEALTH CARE SYSTEM AND BRADLEY BOYTE, Appellees On Appeal from the 101st Judicial District Court Dallas County, Texas Trial Court Cause No. 10-15441-E MEMORANDUM OPINION Before Chief Justice Wright and Justices Lang-Miers and Brown Opinion by Chief Justice Wright Appellee Baylor Health Care System moves to dismiss this appeal, noting appellant has failed to pay the fee for the clerk’s record despite being cautioned that the appeal would be dismissed for want of prosecution if she did not pay the fee. See TEX. R. APP. P. 37.3(b), 42.3(b). The motion reflects Baylor’s counsel conferred with appellant’s counsel, and appellant does not oppose the motion. Accordingly, we grant the motion and dismiss the appeal. See TEX. R. APP. P. 37.3(b), 42.3(b). 130491F.P05 /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE S Court of Appeals Fifth District of Texas at Dallas JUDGMENT LAGATHRE DENISE MOORE, Appellant On Appeal from the 101st Judicial District Court, Dallas County, Texas No. 05-13-00491-CV V. Trial Court Cause No. 10-15441-E. Opinion delivered by Chief Justice Wright. BAYLOR HEALTH CARE SYSTEM AND Justices Lang-Miers and Brown BRADLEY BOYTE, Appellees participating. In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER that appellees Baylor Health Care System and Bradley Boyte recover their costs, if any, of this appeal from appellant Lagathre Denise Moore. Judgment entered February 26, 2014 /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE –2–