Da'charleston Booker v. Niakita Attaway Appeal from 302nd Judicial District Court of Dallas County (memorandum opinion)

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Dismissed and Opinion Filed August 31, 2017 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00791-CV DA'CHARLESTON BOOKER, Appellant V. NIAKITA ATTAWAY, Appellee On Appeal from the 302nd Judicial District Court Dallas County, Texas Trial Court Cause No. DF-16-14280 MEMORANDUM OPINION Before Chief Justice Wright, Justice Francis, and Justice Stoddart Opinion by Chief Justice Wright This appeal was filed July 10, 2017, without the filing fee. The following day, we notified appellant the filing fee was due and directed him to remit the fee within ten days. We cautioned that failure to comply would result in the Court taking appropriate action, including dismissing the appeal without further notice. See TEX. R. APP. P. 5, 42.3(b),(c). To date, however, appellant has not paid the fee, shown he is entitled to proceed without payment of the fee, or otherwise communicated with the Court. See id. 5. Accordingly, we dismiss the appeal. See id. 5, 42.3(b),(c). /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE 170791F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT DA'CHARLESTON BOOKER, Appellant No. 05-17-00791-CV On Appeal from the 302nd Judicial District Court, Dallas County, Texas Trial Court Cause No. DF-16-14280. Opinion delivered by Chief Justice Wright. Justices Francis and Stoddart participating. V. NIAKITA ATTAWAY, Appellee In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER appellee Niakita Attaway recover her costs, if any, of this appeal from appellant Da' charleston Booker. Judgment entered this 31st day of August, 2017. –2–

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