Diaz, Rosa v. Garcia, Isidro--Appeal from 303rd Judicial District Court of Dallas County (memorandum opinion by chief justice wright)
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DISMISS; Opinion issued February 13, 2013 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-00752-CV ROSA DIAZ, Appellant V. ISIDRO GARCIA, Appellee On Appeal from the 303rd Judicial District Court Dallas County, Texas Trial Court Cause No. DF-10-02447 MEMORANDUM OPINION Before Chief Justice Wright, and Justices Lang-Miers and Lewis Opinion by Chief Justice Wright By letter dated June 1, 2012, we notified appellant the $175 filing fee in this case was due. We cautioned appellant that failure to pay the filing fee within ten days would result in the dismissal of this appeal. Also by letter dated June 1, 2012, we notified appellant she had not filed a docketing statement. We directed appellant to file a docketing statement within ten days. We cautioned appellant that failure to do so might result in the dismissal of this appeal. By letter dated January 23, 2013, we informed appellant that the Dallas County District Clerk s Office notified us that the clerk s record had not been filed in this case because appellant had not paid the clerk s fee for the record. We directed appellant to, within ten days, file verification of payment or written documentation that appellant is entitled to proceed without payment of costs. We cautioned appellant that failure to file the required documentation might result in dismissal of the appeal for want of prosecution. To date, appellant has not paid the filing fee, filed a docketing statement, provided documentation that she has paid for the clerk s record, provided documentation that she is entitled to proceed without payment of costs, or otherwise corresponded with the Court regarding the status of this appeal. Accordingly, we dismiss the appeal. See TEX. R. APP. P. 37.3(b); 42.3(b),(c). /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE 120752F.P05 2 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT ROSA DIAZ, Appellant No. 05-12-00752-CV On Appeal from the 303rd Judicial District Court, Dallas County, Texas Trial Court Cause No. DF-10-02447. Opinion delivered by Chief Justice Wright. Justices Lang-Miers and Lewis participating. V. ISIDRO GARCIA, Appellee In accordance with this Court s opinion of this date, this appeal is DISMISSED. It is ORDERED that appellee ISIDRO GARCIA recover his costs of this appeal from appellant ROSA DIAZ. Judgment entered February 13, 2013. /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE 3
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