Opinion
No. 05-17-00449-CV
08-10-2017
NEEDHAM ROOFING, INCORPORATED, Appellant v. 8400 BUILDING, LLC, Appellee
On Appeal from the 191st Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-16-10944
MEMORANDUM OPINION
Before Justices Fillmore, Whitehill, and Boatright
Opinion by Justice Fillmore
Needham Roofing, Inc. appealed the trial court's January 27, 2017 judgment. By postcard dated April 28, 2017, we notified Needham Roofing that the Court's $205 filing fee had not been paid. We instructed the company to pay the fee within ten days and cautioned that the failure to do so might result in dismissal of the appeal. A second postcard, dated June 29, 2017, was sent, reminding Needham Roofing that the fee had not been paid. We again instructed the company to pay the fee within ten days of the date of the letter and cautioned that the failure to do so would result in the dismissal of this appeal without further notice. To date, the filing fee has not been paid.
The clerk's record was due May 27, 2017. By postcard dated May 31, we notified the Dallas County District Clerk that the record was overdue and instructed the clerk to file it within thirty days. The district clerk's office responded on June 2, 2017, informing us that the clerk's record had not been filed because Needham Roofing had not paid or made arrangements to pay for the fee. That same day, we sent Needham Roofing a letter, instructing the company to file, within ten days, written verification that it had paid or made arrangements to pay the fee for the clerk's record. We cautioned Needham Roofing that the failure to comply might result in the dismissal of the appeal for want of prosecution. See TEX. R. APP. P. 37.3(b). As of today, the clerk's record has not been filed and Needham Roofing has not filed a response or otherwise communicated with the Court.
In light of Needham Roofing's failures detailed above, we dismiss this appeal for want of prosecution. See TEX. R. APP. P. 37.3(b), 42.3(b), (c).
/Robert M. Fillmore/
ROBERT M. FILLMORE
JUSTICE 170449F.P05
JUDGMENT
On Appeal from the 191st Judicial District Court, Dallas County, Texas,
Trial Court Cause No. DC-16-10944.
Opinion delivered by Justice Fillmore, Justices Whitehill and Boatright participating.
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee 8400 BUILDING, LLC recover its costs, if any, of this appeal from appellant NEEDHAM ROOFING, INCORPORATED. Judgment entered this 10th day of August, 2017.