Cathy Randles v. RLK Engineering, Inc. Appeal from 44th Judicial District Court of Dallas County (memorandum opinion)
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Dismissed; Opinion Filed August 16, 2017. In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00440-CV CATHY RANDLES, Appellant V. RLK ENGINEERING, INC., Appellee On Appeal from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-16-00998 MEMORANDUM OPINION Before Justices Lang, Myers, and Stoddart Opinion by Justice Lang Cathy Randles filed a notice of appeal from the trial court’s summary judgment in favor of RLK Engineering, Inc. On April 28, 2017, we notified Randles by postcard that the Court’s $205 filing fee had not been paid. We instructed her to pay the fee within ten days and cautioned her that failure to do so would result in dismissal of the appeal. To date, the filing fee has not been paid. The clerk’s record was due July 7, 2017. By postcard dated July 10, 2017, we notified the Dallas County District Clerk that the record was overdue and instructed the clerk to file it within thirty days. The district clerk’s office responded, informing us that the clerk’s record had not been filed because Randle had not paid or made arrangements to pay the fee. We then sent Randle a letter, on July 20, 2017, instructing her to file, within ten days, written verification that she had paid or made arrangements to pay the fee for the clerk’s record or written documentation that she had been found entitled to proceed without payment of costs. We cautioned Randle that the failure to comply might result in the dismissal of the appeal for want of prosecution. See TEX. R. APP. P. 37.3(b). As of today, the clerk’s record has not been filed and Randle has not filed a response or otherwise communicated with the Court. In light of Randle’s failures noted above, we dismiss this appeal for want of prosecution. See TEX. R. APP. P. 37.3(b), 42.3(b), (c). /Douglas S. Lang/ DOUGLAS S. LANG JUSTICE 170440F.P05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT CATHY RANDLES, Appellant No. 05-17-00440-CV On Appeal from the 44th Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-16-00998. Opinion delivered by Justice Lang, Justices Myers and Stoddart participating. V. RLK ENGINEERING, INC., Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellee RLK ENGINEERING, INC. recover its costs, if any, of this appeal from appellant CATHY RANDLES. Judgment entered this 16th day of August, 2017. –3–
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