Best Auto v. Mercedes-Benz USA, LLC and Credit Union Services, Inc.,Appeal from 416th Judicial District Court of Collin County (memorandum opinion )

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DISMISS; and Opinion Filed April 17, 2013. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01114-CV BEST AUTO, Appellant V. MERCEDES-BENZ USA, LLC, Appellee On Appeal from the 416th Judicial District Court Collin County, Texas Trial Court Cause No. 416-03713-07 MEMORANDUM OPINION Before Justices Lang-Miers, Murphy, and Fillmore Opinion by Justice Fillmore By letter dated November 1, 2012, the Court informed appellant that we had been notified by the Collin County District Clerk s Office that the clerk s record had not been filed because appellant had not paid the fee for its preparation. We instructed appellant to provide us, within ten days of the date of the letter, with either written verification that it had paid the fee or written documentation that it is entitled to proceed without payment of costs. We cautioned appellant that if it failed to provide the required documentation within the time specified, the Court may dismiss the appeal. As of today s date, appellant has not filed a response. Accordingly, we dismiss the appeal. See TEX. R. APP. P. 37.3(b). /Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE 121114F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT BEST AUTO, Appellant No. 05-12-01114-CV On Appeal from the 416th Judicial District Court, Collin County, Texas Trial Court Cause No. 416-03713-07. Opinion delivered by Justice Fillmore. Justices Lang-Miers and Murphy, participating. V. MERCEDES-BENZ USA, LLC, Appellee In accordance with this Court s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellee, MERCEDES-BENZ USA, LLC, recover its costs of this appeal from appellant, BEST AUTO. Judgment entered this 17th day of April, 2013. /Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE 2

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