Yvonne Simmons v. Sun NLF Limited Partnership ( 2014 )

DISMISS; and Opinion Filed September 17, 2014. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00862-CV YVONNE SIMMONS, Appellant V. SUN NLF LIMITED PARTNERSHIP, Appellee On Appeal from the County Court at Law No. 3 Dallas County, Texas Trial Court Cause No. CC-14-01212-C MEMORANDUM OPINION Before Justices O’Neill, Lang-Miers, and Brown Opinion by Justice O’Neill Before the Court is appellee’s September 5, 2014 motion to dismiss the appeal. Appellee contends the appeal should be dismissed for want of prosecution. Appellant did not file a response to appellee’s motion. The clerk’s record is past due. In a letter dated August 6, 2014, the Court notified appellant that we had received notice from the county clerk that the clerk’s record had been prepared and would be filed when appellant paid the fee. We instructed appellant to provide this Court, within ten days, written verification that appellant has paid or made arrangements to pay the clerk’s fee or written documentation that appellant has been found to proceed without advance payment of costs. We further cautioned appellant that failure to provide the documentation within the time requested may result in dismissal of the appeal for want of prosecution. As of today’s date, appellant has not responded to this Court’s request. Accordingly, we grant appellee’s motion and dismiss the appeal. See TEX. R. APP. P. 37.3(b), 42.3(b) & (c). /Michael J. O'Neill/ MICHAEL J. O’NEILL JUSTICE 140862F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT YVONNE SIMMONS, Appellant On Appeal from the County Court at Law No. 3, Dallas County, Texas. No. 05-14-00862-CV V. Trial Court Cause No. CC-14-01212-C. Opinion delivered by Justice O’Neill. SUN NLF LIMITED PARTNERSHIP, Justices Lang-Miers and Brown, Appellee participating. In accordance with this Court’s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellee SUN NLF LIMITED PARTNERSHIP recover its costs of this appeal from appellant YVONNE SIMMONS. Judgment entered this 17th day of September, 2014. –3–