Arturo Hernandez and Alice Ma v. Big D Concrete, Inc. Appeal from 429th Judicial District Court of Collin County (memorandum opinion)
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Dismiss and Opinion Filed November 10, 2020 In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00641-CV ARTURO HERNANDEZ AND ALICE MA, Appellants V. BIG D CONCRETE, INC., Appellee On Appeal from the 429th Judicial District Court Collin County, Texas Trial Court Cause No. 429-06748-2018 MEMORANDUM OPINION Before Justices Whitehill, Pedersen, III, and Reichek Opinion by Justice Pedersen, III The docketing statement and clerk’s record in this case are past due. By postcard dated June 26, 2020, we informed appellants the docketing statement in this case was due. We cautioned appellants that failure to file the docketing statement within ten days might result in the dismissal of this appeal without further notice. By letter dated September 25, 2020, we informed appellants the clerk’s record had not been filed because appellants had not paid for the clerk’s record. We directed appellants to provide, within ten days, (1) verification of payment or arrangements to pay for the clerk’s record, or (2) written documentation that appellants had been found entitled to proceed without payment of costs. We cautioned appellants that failure to do so would result in the dismissal of this appeal without further notice. By order dated October 8, 2020, we again notified appellants the clerk’s record had not been filed and directed them to file the requested verification no later than October 19, 2020 and again cautioned them that failure to do so would be grounds for dismissal. To date, appellants have not provided the required documentation nor otherwise corresponded 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). 200641f.p05 /Bill Pedersen, III// BILL PEDERSEN, III JUSTICE –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT ARTURO HERNANDEZ AND ALICE MA, Appellants No. 05-20-00641-CV On Appeal from the 429th Judicial District Court, Collin County, Texas Trial Court Cause No. 429-067482018. Opinion delivered by Justice Pedersen, III. Justices Whitehill and Reichek participating. V. BIG D CONCRETE, INC., Appellee In accordance with this Court’s opinion of this date, this appeal is DISMISSED. It is ORDERED that appellee BIG D CONCRETE, INC. recover its costs of this appeal from appellants ARTURO HERNANDEZ AND ALICE MA. Judgment entered this 10th day of November, 2020. –3–
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