Paula Hernandez, Individually, as Personal Representative of the Estate of Carlos Duarte, Deceased, and on behalf of all wrongful death beneficiaries; Maria Guadalupe Lopez Pina, Individaully and as Next Friend of C.V.D. and A.D., minor children, et al. v. Chantrell Edwards and Emcasco Insurance Company/EMC Insurance Companies Appeal from 298th Judicial District Court of Dallas County (memorandum opinion by chief justice wright)
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Dismissed and Opinion Filed November 7, 2016 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-00569-CV PAULA HERNANDEZ, INDIVIDUALLY, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF CARLOS DUARTE, ET AL., Appellants V. CHANTRELL EDWARDS AND EMCASCO INSURANCE COMPANY/EMC INSURANCE COMPANIES, Appellees On Appeal from the 298th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-12-12667 MEMORANDUM OPINION Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart Opinion by Chief Justice Wright The clerk’s record in this case is past due. By letter dated August 10, 2016, we informed appellants 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 provide written verification that they had paid for or made arrangements to pay for the clerk’s record or to provide written documentation they had been found entitled to proceed without payments of costs. We cautioned appellants that failure to do so would result in dismissal of this appeal for want of prosecution. To date, appellants have not paid the clerk’s fee, provided the required documentation, 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). /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE 160569F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT PAULA HERNANDEZ, INDIVIDUALLY, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF CARLOS DUARTE, ET AL., Appellants No. 05-16-00569-CV On Appeal from the 298th Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-12-12667. Opinion delivered by Chief Justice Wright, Justices Lang-Miers and Stoddart participating. V. CHANTRELL EDWARDS AND EMCASCO INSURANCE COMPANY/EMC INSURANCE COMPANIES, Appellees In accordance with this Court’s opinion of this date, this appeal is DISMISSED. It is ORDERED that appellees Chantrell Edwards and Emcasco Insurance Company/EMC Insurance Companies recover their costs of this appeal, if any, from appellants Paula Hernandez, Individually, as Personal Representative of the Estate of Carlos Duarte, Deceased, and on behalf of all wrongful death beneficiaries; Maria Guadalupe Lopez Pina, Individually and as Next Friend of Carla Vanessa Duarte and Alexander Duarte, Minor Children; Victor Duarte; Modesta Duarte; Yvette Duarte; and Rachel Duarte. Judgment entered this 7th day of November, 2016. –3–
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