B & R Systems, Inc. v. Hollingsworth Sand & Gravel, L.L.C.Appeal from County Court at Law No. 5 of Dallas County (memorandum opinion )
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DISMISS; Opinion Filed January 8, 2014. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01593-CV HOLLINGSWORTH SAND & GRAVEL, L.L.C., Appellant V. B&R SYSTEMS, INC., Appellee On Appeal from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. CC-12-05735-E MEMORANDUM OPINION Before Justices Moseley, Bridges, and Evans Opinion by Justice Moseley The clerk s record in this appeal has not been filed because appellant has not paid the required fee. See TEX. R. APP. P. 35.3(a). Despite being warned by letter dated November 7, 2013 that the appeal would be dismissed if appellant did not file written verification of payment of the clerk s fee, appellant has not communicated with the Court. Because nothing in the record shows appellant is entitled to appeal without paying the fee, we dismiss the appeal. See id. 37.3(b), 42.3(b)(c). 121593F.P05 /Jim Moseley/ JIM MOSELEY JUSTICE S Court of Appeals Fifth District of Texas at Dallas JUDGMENT HOLLINGSWORTH SAND & GRAVEL, LLC, Appellant No. 05-12-01593-CV On Appeal from the County Court at Law No. 5, Dallas County, Texas Trial Court Cause No. CC-12-05735-E. Opinion delivered by Justice Moseley. Justices Bridges and Evans participating. V. B&R SYSTEMS, INC., Appellee In accordance with this Court s opinion of this date, we DISMISS the appeal. We ORDER that appellee B&R Systems, Inc. recover its costs, if any, of this appeal from appellant Hollingsworth Sand & Gravel, LLC. Judgment entered this 8th day of January, 2014. /Jim Moseley/ JIM MOSELEY JUSTICE 2
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