Kelly Gathright and all occupants v. Mary M. StephensAppeal from County Court at Law No. 1 of Hunt County (memorandum opinion )
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DISMISS; and Opinion Filed February 25, 2014. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01460-CV KELLY GATHRIGHT AND ALL OCCUPANTS, Appellants V. MARY M. STEPHENS, Appellee On Appeal from the County Court at Law No. 1 Hunt County, Texas Trial Court Cause No. CC1300323 MEMORANDUM OPINION Before Justices O'Neill, Myers, and Brown Opinion by Justice O'Neill The filing fee, docketing statement, and clerk s record in this case are past due. By postcard dated October 23, 2013, we notified appellants the $195 filing fee was due. We directed appellants to remit the filing fee within ten days and expressly cautioned appellants that failure to do so would result in dismissal of the appeal. Also by postcard dated October 23, 2013, we notified appellants the docketing statement had not been filed in this case. We directed appellants to file the docketing statement within ten days. We cautioned appellants that failure to do so might result in dismissal of this appeal. By letter dated December 27, 2013, we informed appellants that the County Clerk had notified the Court that the clerk s record had not been filed because appellants had not paid for or made arrangements to pay for the clerk s record. We directed appellants to file written verification that they had paid for or made arrangements to pay for the clerk s record or that they had been found entitled to proceed without payment of costs. We cautioned appellants that if they did not file the required documentation within ten days, we might dismiss the appeal without further notice. To date, appellants have not paid the filing fee, filed a docketing statement, provided the required documentation regarding the clerk s record, or otherwise corresponded with the Court regarding the status of this appeal. Accordingly, we dismiss this appeal. See TEX. R. APP. P. 37.3(b); 42.3(b)(c). /Michael J. O'Neill/ MICHAEL J. O'NEILL JUSTICE 131460F.P05 2 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT KELLY GATHRIGHT AND ALL OCCUPANTS, Appellants No. 05-13-01460-CV On Appeal from the County Court at Law No. 1, Hunt County, Texas Trial Court Cause No. CC1300323. Opinion delivered by Justice O'Neill. Justices Myers and Brown participating. V. MARY M. STEPHENS, Appellee In accordance with this Court s opinion of this date, this appeal is DISMISSED. It is ORDERED that appellee MARY M. STEPHENS recover her costs of this appeal from appellants KELLY GATHRIGHT AND ALL OCCUPANTS. Judgment entered this 25th day of February, 2014. /Michael J. O'Neill/ MICHAEL J. O'NEILL JUSTICE 3
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