Dr. Maryam Parviz Farahmand v. Roger Farahmand Appeal from 417th Judicial District Court of Collin County (memorandum opinion)
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Dismissed and Opinion Filed August 30, 2017 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00565-CV DR. MARYAM PARVIZ FARAHMAND, Appellant V. ROGER FARAHMAND, Appellee On Appeal from the 417th Judicial District Court Collin County, Texas Trial Court Cause No. 417-56531-2013 MEMORANDUM OPINION Before Chief Justice Wright, Justice Francis, 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 May 30, 2017, we notified appellant the $205 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 May 30, 2017, we informed appellant the docketing statement in this case was due. We cautioned appellant that failure to file the docketing statement within ten days might result in the dismissal of this appeal without further notice. Appellant filed a statement of inability to pay costs in the trial court on June 16, 2017. Both the Collin County District Clerk and the court reporter challenged appellant’s statement of inability to pay. Following a hearing, the trial court signed an order on July 17, 2017 finding appellant was not indigent and ordering her to pay the costs of this appeal. By letter dated August 7, 2017, we informed appellant the clerk’s record had not been filed because appellant had not paid for the clerk’s record. We directed appellant to provide verification of payment or arrangements to pay for the clerk’s record or to provide written documentation appellant had been found entitled to proceed without payment of costs within ten days. 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, provided the required documentation, or otherwise corresponded with the Court regarding the status of this appeal. To date, appellant has not paid the filing fee, filed a docketing statement, or provided the Court with the required documentation. Accordingly, we dismiss this appeal for want of prosecution. See TEX. R. APP. P. 37.3(b); 42.3(b), (c). /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE 170565F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT DR. MARYAM PARVIZ FARAHMAND, Appellant No. 05-17-00565-CV On Appeal from the 417th Judicial District Court, Collin County, Texas Trial Court Cause No. 417-56531-2013. Opinion delivered by Chief Justice Wright. Justices Francis and Stoddart participating. V. ROGER FARAHMAND, Appellee In accordance with this Court’s opinion of this date, this appeal is DISMISSED. It is ORDERED that appellee ROGER FARAHMAND recover his costs of this appeal from appellant DR. MARYAM PARVIZ FARAHMAND. Judgment entered August 30, 2017. –3–
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