Theresa Barnett v. David S. Crockett

Dismiss and Opinion Filed October 28, 2014
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00859-CV
THERESA BARNETT, Appellant
V.
DAVID S. CROCKETT AND DAVID S. CROCKETT & CO., Appellees
On Appeal from the 116th Judicial District Court
Dallas County, Texas
Trial Court Cause No. 10-00136
MEMORANDUM OPINION
Before Justices Bridges, Lang, and Evans
Opinion by Justice Lang
By opinion dated September 12, 2014, we affirmed the trial court’s order sustaining two
contests to appellant’s affidavit of inability to pay and ordered appellant to pay, or make
arrangements to pay, for the appellate record no later than October 2, 2014. See Barnett v.
Crockett, No. 05-14-00859-CV, slip op. at 5 (Tex. App.-–Dallas Sept. 12, 2014, no pet.) (mem.
op.), available at http://www.search.txcourts.gov/Case.aspx?cn=05-14-00859-CV. We further
ordered appellant to file, no later than October 7, 2014, written verification she had complied
with our order. Id. We cautioned appellant that failure to pay for the reporter’s record would
result in the appeal being submitted without that record and failure to pay for the clerk’s record
would result in dismissal of the appeal without further warning. Id.; see also TEX. R. APP. P.
37.3(b),(c), 42.3(b),(c). To date, appellant has not filed the requested verification, and nothing in
our records reflect the record fees have been paid. Accordingly, we dismiss the appeal. See
TEX. R. APP. P. 37.3(b), 42.3(b),(c).
/Douglas S. Lang/
DOUGLAS S. LANG
JUSTICE
140859F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
THERESA BARNETT, Appellant On Appeal from the 116th Judicial District
Court, Dallas County, Texas
No. 05-14-00859-CV V. Trial Court Cause No. 10-00136.
Opinion delivered by Justice Lang. Justices
DAVID S. CROCKETT AND DAVID S. Bridges and Evans participating.
CROCKETT & CO., Appellees
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
We ORDER that appellees David S. Crockett and David S. Crockett & Co. recover their
costs, if any, of this appeal from appellant Theresa Barnett.
Judgment entered this 28th day of October, 2014.
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