Creola Newton v. US Bank National AssociationAppeal from County Court at Law No. 5 of Dallas County (memorandum opinion )

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DISMISS; and Opinion Filed December 13, 2013. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00725-CV CREOLA NEWTON, Appellant V. US BANK NATIONAL ASSOCIATION, Appellee On Appeal from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. CC-13-02142-E MEMORANDUM OPINION Before Justices FitzGerald, Lang, and Fillmore Opinion by Justice Fillmore The clerk s record in this case is overdue. By letter dated July 05, 2013, we informed appellant that the District Clerk had notified the Court that 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 file written verification that she had paid for or made arrangements to pay for the clerk s record or that she had been found entitled to proceed without payment of costs. We cautioned appellant that if she did not file the required documentation within ten days, her appeal could be dismissed for want of prosecution. To date, appellant has not provided the required documentation or otherwise communicated with the Court. Accordingly, we dismiss this appeal. See TEX. R. APP. P. 37.3(b), 42.3(b), (c). /Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE 130725F.P05 2 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT CREOLA NEWTON, Appellant No. 05-13-00725-CV On Appeal from the County Court at Law No. 5, Dallas County, Texas Trial Court Cause No. CC-13-02142-E. Opinion delivered by Justice Fillmore. Justices FitzGerald and Lang participating. V. US BANK NATIONAL ASSOCIATION, Appellee In accordance with this Court s opinion of this date, this appeal is DISMISSED. It is ORDERED that appellee US BANK NATIONAL ASSOCIATION recover its costs of this appeal from appellant CREOLA NEWTON. Judgment entered this 13th day of December, 2013. /Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE 3

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