Daylon Esaw v. Green Tree Servicing, LLC Appeal from 44th Judicial District Court of Dallas County (memorandum opinion by chief justice wright)
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Dismissed and Opinion Filed October 22, 2015 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00797-CV DAYLON ESAW, Appellant V. GREEN TREE SERVICING, LLC, Appellee On Appeal from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-14-08284 MEMORANDUM OPINION Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart Opinion by Chief Justice Wright The filing fee, docketing statement, and clerk’s record in this case are past due. By postcard dated July 1, 2015, we notified appellant the $195 filing fee was due. We directed appellant to remit the filing fee within ten days and expressly cautioned appellant that failure to do so would result in dismissal of the appeal. Also by postcard dated July 1, 2015, we notified appellant the docketing statement had not been filed in this case. We directed appellant to file the docketing statement within ten days. We cautioned appellant that failure to do so might result in dismissal of this appeal. By letter dated August 14, 2015, we informed appellant the clerk’s record had not been filed because appellant had not paid for or made arrangements to pay for the clerk’s record. We directed appellant to provide verification of payment or arrangements to pay for the clerk’s record or written documentation that appellant had been found to be entitled to proceed without payment of costs. We cautioned appellant that failure to do so would result in the dismissal of this appeal without further notice. To date, appellant has not paid the filing fee, filed the docketing statement, provided the required documentation, or otherwise corresponded with the Court regarding the status of the clerk’s record. Accordingly, we dismiss this appeal. See TEX. R. APP. P. 5; 37.3(b); 42.3(b),(c). 150797F.P05 /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT DAYLON ESAW, Appellant No. 05-15-00797-CV On Appeal from the 44th Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-14-08284. Opinion delivered by Chief Justice Wright. Justices Lang-Miers and Stoddart participating. V. GREEN TREE SERVICING, LLC, Appellee In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER that appellee Green Tree Servicing, LLC recover its costs, if any, of this appeal from appellant Daylon Esaw. Judgment entered October 22, 2015. –3–
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