Marjurita D. Kelley, Individually and as the Representative of the Estate of D'Lisa M. Kelley v. the City of Dallas ( 2020 )

Dismiss; Opinion Filed January 16, 2020
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-01105-CV
MARJURITA D. KELLEY, INDIVIDUALLY AND AS THE REPRESENTATIVE OF
THE ESTATE OF D’LISA M. KELLEY, Appellant
V.
THE CITY OF DALLAS, KEVIN MANSELL, AND ABIGAIL DOMINGUEZ, Appellees
On Appeal from the 162nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-16-02799
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Molberg, and Justice Nowell
Opinion by Chief Justice Burns
Since filing her notice of appeal on September 11, 2019, appellant has not communicated
with this Court or taken any further steps to prosecute the appeal. She has not paid the appellate
filing fee and has not filed an affidavit indicating her inability to pay nor anything with this Court
asking for relief from inability to pay.
On October 22, 2019, the district clerk informed the Court the clerk’s record would not be
filed because appellant had not paid the clerk’s fee. That same day, we directed appellant to file,
no later than November 1, 2019, written verification she had made arrangements to pay the fee or
was entitled to proceed without paying the fee. See Tex. R. App. P. 35.3(a). Although we
cautioned appellant that failure to comply could result in dismissal of the appeal without further
notice, appellant has not complied. See id. 37.3(b). Accordingly, we dismiss the appeal. See id.,
42.3(b),(c).
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
191105F.P05
–2–
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
MARJURITA D. KELLEY, On Appeal from the 162nd Judicial District
INDIVIDUALLY AND AS THE Court, Dallas County, Texas
REPRESENTATIVE OF THE ESTATE Trial Court Cause No. DC-16-02799.
OF D’LISA M. KELLEY, Appellant Opinion delivered by Chief Justice Burns,
Justices Molberg and Nowell participating.
No. 05-19-01105-CV V.
THE CITY OF DALLAS, KEVIN
MANSELL, AND ABIGAIL
DOMINGUEZ, Appellees
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellees the City of Dallas, Kevin Mansell, and Abigail Dominguez
recover their costs, if any, of this appeal from appellant Marjurita D. Kelley, Individually and as
the Representative of the Estate of D’Lisa M. Kelley.
Judgment entered this 16th day of January, 2020.
–3–