Susan Ann Fisher v. Medical Center of Plano, Alireza Zafarman Atef, MD, Salman Waheed, MD, Ray J. Delgadillo, RT, Anne W. Handley, RN., Cynthia Carter, RN, & Michael Allen, RT Appeal from 296th Judicial District Court of Collin County (memorandum opinion )
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DISMISS; and Opinion Filed November 8, 2016. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-00682-CV SUSAN ANN FISHER, Appellant V. MEDICAL CENTER OF PLANO, ALIREZA ZAFARMAN ATEF, M.D., SALMAN WAHEED, M.D., RAY J. DELGADILLO, R.T., ANNE W. HANDLEY, R.N., CYNTHIA CARTER, R.N., AND MICHAEL ALLEN, R.T., Appellees On Appeal from the 296th Judicial District Court Collin County, Texas Trial Court Cause No. 296-01240-2016 MEMORANDUM OPINION Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart Opinion by Justice Lang-Miers The clerk’s record has not been filed and is overdue. The appeal cannot proceed without a clerk’s record. See TEX. R. APP. P. 34.1. After being allowed several extensions to file written verification that she has paid the clerk’s fee and cautioned that failure to do so will result in dismissal of the appeal without further notice, appellant has failed to comply. Accordingly, we dismiss the appeal for want of prosecution. See TEX. R. APP. P. 37.3(b), 42.3(b), (c). /Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE 160682F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT SUSAN ANN FISHER, Appellant No. 05-16-00682-CV On Appeal from the 296th Judicial District Court, Collin County, Texas Trial Court Cause No. 296-01240-2016. Opinion delivered by Justice Lang-Miers. Chief Justice Wright and Justice Stoddart participating. V. MEDICAL CENTER OF PLANO, ALIREZA ZAFARMAN ATEF, M.D., SALMAN WAHEED, M.D., RAY J. DELGADILLO, R.T., ANNE W. HANDLEY, R.N., CYNTHIA CARTER, R.N., AND MICHAEL ALLEN, R.T., Appellees In accordance with this Court’s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellees MEDICAL CENTER OF PLANO, ALIREZA ZAFARMAN ATEF, M.D., SALMAN WAHEED, M.D., RAY J. DELGADILLO, R.T., ANNE W. HANDLEY, R.N., CYNTHIA CARTER, R.N., AND MICHAEL ALLEN, R.T. recover their costs of this appeal from appellant SUSAN ANN FISHER. Judgment entered this 8th day of November, 2016. –2–
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