Theresa Barnett v. David S. Crockett, et al. Appeal from 116th Judicial District Court of Dallas County (memorandum opinion )
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Dismiss and Opinion Filed October 28, 2014 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00859-CV THERESA BARNETT, Appellant V. DAVID S. CROCKETT AND DAVID S. CROCKETT & CO., Appellees On Appeal from the 116th Judicial District Court Dallas County, Texas Trial Court Cause No. 10-00136 MEMORANDUM OPINION Before Justices Bridges, Lang, and Evans Opinion by Justice Lang By opinion dated September 12, 2014, we affirmed the trial court s order sustaining two contests to appellant s affidavit of inability to pay and ordered appellant to pay, or make arrangements to pay, for the appellate record no later than October 2, 2014. See Barnett v. Crockett, No. 05-14-00859-CV, slip op. at 5 (Tex. App.- Dallas Sept. 12, 2014, no pet.) (mem. op.), available at http://www.search.txcourts.gov/Case.aspx?cn=05-14-00859-CV. We further ordered appellant to file, no later than October 7, 2014, written verification she had complied with our order. Id. We cautioned appellant that failure to pay for the reporter s record would result in the appeal being submitted without that record and failure to pay for the clerk s record would result in dismissal of the appeal without further warning. Id.; see also TEX. R. APP. P. 37.3(b),(c), 42.3(b),(c). To date, appellant has not filed the requested verification, and nothing in our records reflect the record fees have been paid. Accordingly, we dismiss the appeal. See TEX. R. APP. P. 37.3(b), 42.3(b),(c). /Douglas S. Lang/ DOUGLAS S. LANG JUSTICE 140859F.P05 2 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT THERESA BARNETT, Appellant No. 05-14-00859-CV On Appeal from the 116th Judicial District Court, Dallas County, Texas Trial Court Cause No. 10-00136. Opinion delivered by Justice Lang. Justices Bridges and Evans participating. V. DAVID S. CROCKETT AND DAVID S. CROCKETT & CO., Appellees In accordance with this Court s opinion of this date, we DISMISS the appeal. We ORDER that appellees David S. Crockett and David S. Crockett & Co. recover their costs, if any, of this appeal from appellant Theresa Barnett. Judgment entered this 28th day of October, 2014. 3
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