McKinney Healthcare Investments, LLC v. Daniels-Oznick, Inc. d/b/a Reliable Plumbing Appeal from 219th Judicial District Court of Collin County (memorandum opinion)
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Dismissed and Opinion Filed August 30, 2017 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00805-CV MCKINNEY HEALTHCARE INVESTMENTS, LLC, Appellant V. DANIELS-OZNICK, INC. D/B/A RELIABLE PLUMBING, Appellee On Appeal from the 219th Judicial District Court Collin County, Texas Trial Court Cause No. 219-05121-2014 MEMORANDUM OPINION Before Chief Justice Wright, Justice Francis, and Justice Stoddart Opinion by Chief Justice Wright The filing fee, docketing statement, and clerk’s record in this case are past due. By postcard dated July 12, 2017, 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 July 12, 2017, we informed appellant the docketing statement in this case was due. We cautioned appellant that failure to file the docketing statement within ten days might result in the dismissal of this appeal without further notice. By letter dated August 1, 2017, we informed appellant the clerk’s record had not been filed because appellant had not paid for the clerk’s record. We directed appellant to provide verification of payment or arrangements to pay for the clerk’s record within ten days. We cautioned appellant that failure to do so would result in the dismissal of this appeal without further notice. To date, appellant has not paid the filing fee, provided the required documentation, or otherwise corresponded with the Court regarding the status of this appeal. We dismiss this appeal for want of prosecution. See TEX. R. APP. P. 37.3(b); 42.3(b), (c). /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE 170805F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT MCKINNEY HEALTHCARE INVESTMENTS, LLC, Appellant No. 05-17-00805-CV On Appeal from the 219th Judicial District Court, Collin County, Texas Trial Court Cause No. 219-05121-2014. Opinion delivered by Chief Justice Wright. Justices Francis and Stoddart participating. V. DANIELS-OZNICK, INC. D/B/A RELIABLE PLUMBING, Appellee In accordance with this Court’s opinion of this date, this appeal is DISMISSED. It is ORDERED that appellee DANIELS-OZNICK, INC. D/B/A RELIABLE PLUMBING recover its costs of this appeal from appellant MCKINNEY HEALTHCARE INVESTMENTS, LLC. Judgment entered August 30, 2017. –3–
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