Brigetta Homes, LLC d/b/a Beautiful Homes by Brigetta v. Erhard Hermus Appeal from 68th Judicial District Court of Dallas County (memorandum opinion)
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Dismissed and Opinion Filed January 5, 2018 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-01133-CV BRIGETTA HOMES, LLC D/B/A BEAUTIFUL HOMES BY BRIGETTA, Appellant V. ERHARD HERMUS, Appellee On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-16-14449 MEMORANDUM OPINION Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart Opinion by Chief Justice Wright The docketing statement and clerk’s record in this case are past due. By postcard dated September 28, 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 December 6, 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 to be 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 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). /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE 171133F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT BRIGETTA HOMES, LLC D/B/A BEAUTIFUL HOMES BY BRIGETTA, Appellant No. 05-17-01133-CV On Appeal from the 68th Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-16-14449. Opinion delivered by Chief Justice Wright. Justices Lang-Miers and Stoddart participating. V. ERHARD HERMUS, Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellee Erhard Hermus recover his costs of this appeal from appellant Brigetta Homes, LLC D/B/A Beautiful Homes by Brigetta. Judgment entered January 5, 2018. –3–
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