Charlie D. Hawkins v. Mark J. Solomon and Sharon Solomon d/b/a All Auto Insurance Inc. d/b/a Assurnet Insurance Appeal from 192nd Judicial District Court of Dallas County (memorandum opinion by chief justice wright)
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Dismissed and Opinion Filed September 10, 2015 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-01595-CV CHARLIE D. HAWKINS, Appellant V. MARK J. SOLOMON AND SHARON SOLOMON D/B/A ALL AUTO INSURANCE INC. D/B/A ASSURNET INSURANCE, Appellees On Appeal from the 192nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-14-09318 MEMORANDUM OPINION Before Chief Justice Wright and Justices Lang-Miers and Stoddart Opinion by Chief Justice Wright This Court may dismiss an appeal for failure to file a clerk's record if the reason is because an appellant has failed to pay or make arrangements to pay the clerk's fee for preparing the record. See TEX. R. APP. P. 37.3(b). On August 6, 2015, the District Clerk of Dallas County informed the Court that the clerk’s record had been prepared but was being held for non-payment of fees. By letter dated August 7, 2015, the Court instructed appellant to file, within ten days, either written verification that appellant had paid or made arrangements to pay the clerk's fee or written documentation that appellant had been found to be entitled to proceed without payment of costs. We cautioned appellant that failure to provide the required documentation within the time requested may result in dismissal of the appeal for want of prosecution. See TEX. R. APP. P. 37.3(b). As of today’s date, appellant has not filed a response. Accordingly, we dismiss the appeal for want of prosecution. See TEX. R. APP. P. 37.3(b), 42.3(b)–(c). 141595F.P05 /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT CHARLIE D. HAWKINS, Appellant No. 05-14-01595-CV On Appeal from the 192nd Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-14-09318. Opinion delivered by Chief Justice Wright. Justices Lang-Miers and Stoddart participating. V. MARK J. SOLOMON AND SHARON SOLOMON D/B/A ALL AUTO INSURANCE INC. D/B/A ASSURNET INSURANCE, Appellees In accordance with this Court’s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellees MARK J. SOLOMON AND SHARON SOLOMON D/B/A ALL AUTO INSURANCE INC. D/B/A ASSURNET INSURANCE recover their costs of this appeal from appellant CHARLIE D. HAWKINS. Judgment entered September 10, 2015. –3–
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