Ashley Moss v. Joseph Winzer Appeal from 296th Judicial District Court of Collin County (memorandum opinion )

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Dismissed and Opinion Filed May 3, 2016 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-00022-CV ASHLEY MOSS, Appellant V. JOSEPH WINZER, Appellee On Appeal from the 296th Judicial District Court Collin County, Texas Trial Court Cause No. 296-50400-2015 MEMORANDUM OPINION Before Chief Justice Wright, Justice Bridges, and Justice Lang Opinion by Justice Bridges The filing fee, docketing statement, clerk’s record, and reporter’s record in this case are past due. By postcard dated January 8, 2016, we notified appellant the $205 filing fee was due. We directed appellant to remit the filing fee within ten days and expressly cautioned appellant that failure to do so would result in dismissal of the appeal. Also by postcard dated January 8, 2016, we notified appellant the docketing statement had not been filed in this case. We directed appellant to file the docketing statement within ten days. We expressly cautioned appellant that failure to do so might result in dismissal of this appeal. By letter dated February 29, 2016, we informed appellant 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 provide verification of payment or arrangements to pay for the clerk’s record or written documentation that appellant had been found to be entitled to proceed without payment of costs. We specifically cautioned appellant that failure to do so would result in the dismissal of this appeal without further notice. Furthermore, by letter dated March 15, 2016, we informed appellant the reporter’s record had not been filed because either appellant had not (1) requested the reporter’s record, or (2) paid or made arrangements to pay the reporter’s fee. We directed appellant to provide this Court, within ten days of the date of the letter, (1) notice that appellant has requested preparation of the reporter’s record; and, (2) written verification that appellant has paid or made arrangements to pay the reporter’s fee; or written documentation that appellant has been found to be entitled to proceed without payment of costs. To date, appellant has not paid the filing fee, filed the docketing statement, provided the required documentation, or otherwise corresponded with the Court regarding the status of the clerk’s record or the reporter’s record. Accordingly, we dismiss this appeal. See TEX. R. APP. P. 5; 37.3(b),(c); 42.3(b),(c). /David L. Bridges/ DAVID L. BRIDGES JUSTICE 160022F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT ASHLEY MOSS, Appellant No. 05-16-00022-CV On Appeal from the 296th Judicial District Court, Collin County, Texas Trial Court Cause No. 296-50400-2015. Opinion delivered by Justice Bridges. Chief Justice Wright and Justice Lang participating. V. JOSEPH WINZER, Appellee In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER that appellee Joseph Winzer recover his costs, if any, of this appeal from appellant Ashley Moss. Judgment entered May 3, 2016. –3–

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