Italian Rogers v. Laymon Carter, Jr. Appeal from 302nd Judicial District Court of Dallas County (memorandum opinion)
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Dismissed and Opinion Filed December 27, 2017 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-01183-CV ITALIAN ROGERS, Appellant V. LAYMON CARTER, JR., Appellee On Appeal from the 302nd Judicial District Court Dallas County, Texas Trial Court Cause No. Df-03-13756 MEMORANDUM OPINION Before Justices Francis, Evans, and Boatright Opinion by Justice Francis The filing fee, docketing statement, and clerk’s record in this case are past due. By postcard dated October 13, 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 October 13, 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 November 10, 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, within ten days, written verification of payment or arrangements to pay for the clerk’s record or written verification appellant had been found entitled to proceed without payment of costs. 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, filed a docketing statement, provided the required documentation regarding the clerk’s record, 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). /Molly Francis/ MOLLY FRANCIS JUSTICE 171183F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT ITALIAN ROGERS, Appellant No. 05-17-01183-CV On Appeal from the 302nd Judicial District Court, Dallas County, Texas Trial Court Cause No. Df-03-13756. Opinion delivered by Justice Francis. Justices Evans and Boatright participating. V. LAYMON CARTER, JR., Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED for want of prosecution. It is ORDERED that appellee Laymon Carter, Jr. recover his costs of this appeal from appellant Italian Rogers. Judgment entered December 27, 2017. –3–
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