Smith, Kristy v. Smith, Estavious ( 2013 )

DISMISS; Opinion issued March 7, 2013 In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01017-CV KRISTY SMITH, Appellant V. ESTAVIOUS SMITH, Appellee On Appeal from the 255th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-10-03937 MEMORANDUM OPINION Before Chief Justice Wright and Justices Lang-Miers and Lewis Opinion by Chief Justice Wright By letter dated July 24, 2012, we notified appellant the $175 filing fee was due in this case. We cautioned appellant that failure to pay the fee within ten days would result in the dismissal of this appeal. Also by letter dated July 24, 2012, we notified appellant that the district clerk’s office had informed the Court that the clerk’s record had not been filed because appellant had not paid the fee for the clerk’s record. We directed appellant to provide this Court with either written verification that she had paid for the clerk’s record or written verification that she was entitled to proceed without payment of costs. We cautioned appellant that if the Court did not receive the required documentation within ten days we might dismiss the appeal for want of prosecution. To date, appellant has not paid the filing fee, provided verification of payment for the clerk’s record, provided verification that she is entitled to proceed without payment of costs, or otherwise corresponded with the Court regarding the status of this appeal. Accordingly, we dismiss this appeal. See TEX. R. APP. P. 42.3(b),(c). /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE 121017F.P05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT KRISTY SMITH, Appellant On Appeal from the 255th Judicial District Court, Dallas County, Texas No. 05-12-01017-CV V. Trial Court Cause No. DF-10-03937. Opinion delivered by Chief Justice Wright. ESTAVIOUS SMITH, Appellee Justices Lang-Miers and Lewis participating. In accordance with this Court’s opinion of this date, this appeal is DISMISSED. It is ORDERED that appellee ESTAVIOUS SMITH recover his costs of this appeal from appellant KRISTY SMITH. Judgment entered March 7, 2013. /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE –3–