Herman Brown, Jackie Lewis, & All Other Occupants v. Hans Wango Appeal from County Court at Law No. 5 of Dallas County (dissenting memorandum opinion)
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DISMISS and Opinion Filed August 22, 2019 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00250-CV HERMAN BROWN, JACKIE LEWIS, & ALL OTHER OCCUPANTS, Appellants V. HANS WANGO, Appellee On Appeal from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. CC-18-03351-E MEMORANDUM OPINION Before Chief Justice Burns, Justice Whitehill, and Justice Molberg Opinion by Chief Justice Burns The clerk’s and reporter’s records in this case are past due. When the court reporter filed a letter stating the reporter’s record had not been filed because appellants informed her they were not pursuing the appeal, we notified appellants by letter dated June 14, 2019, and instructed them to file a motion to dismiss. To date, we have had no communication from appellants. On July 9, 2019, we informed appellants the clerk’s record had not been filed because appellants had not paid or made arrangements to pay for the clerk’s record. We directed appellants to provide verification of payment or arrangements to pay for the clerk’s record within ten days and cautioned them that failure to do so would result in the dismissal of this appeal without further notice. To date, the clerk’s record has not been filed, and appellants have not provided the required documentation or otherwise correspond with the Court regarding the status of this appeal. Accordingly, we dismiss this appeal. See TEX. R. APP. P. 37.3(b); 42.3(b), (c). /Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE 190250F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT HERMAN BROWN, JACKIE LEWIS, & ALL OTHER OCCUPANTS, Appellants No. 05-19-00250-CV On Appeal from the County Court at Law No. 5, Dallas County, Texas Trial Court Cause No. CC-18-03351-E. Opinion delivered by Chief Justice Burns, Justices Whitehill and Molberg participating. V. HANS WANGO, Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellee HANS WANGO recover his costs, if any, of this appeal from appellant HERMAN BROWN, JACKIE LEWIS, & ALL OTHER OCCUPANTS. Judgment entered August 22, 2019 –3–
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