Opinion
No. 05-06-00295-CV
Opinion issued April 18, 2006.
On Appeal from the County Court at Law No. 5, Dallas County, Texas, Trial Court Cause No. CC-04-05875-E.
Dismissed.
Before Justices WHITTINGTON, BRIDGES, and RICHTER.
MEMORANDUM OPINION
On April 28, 2005, Jeffrey Tribble and Streamwaves.com, Inc. filed a notice of appeal in the trial court. Unfortunately, the Dallas County Clerk did not forward the notice of appeal to the Clerk of this Court until over ten months later, on March 7, 2006. On that same day, we informed appellants that the notice of appeal was defective and we instructed them to file an amended notice of appeal within thirty days. Also, on March 16, 2006, by separate notices, we instructed appellants to remit the $125 filing fee and file a docketing statement within ten days. We warned that if appellants failed to comply with our directives, the appeal was subject to dismissal without further notice.
Additionally, by letter dated March 30, 2006, we informed appellants that the clerk's record has not been filed in this appeal because they have not paid or made arrangements to pay the clerk's fee. We instructed appellants to provide this Court written verification that they have paid or made arrangements to pay the clerk's fee or written documentation that they are entitled to proceed without payment of costs. We informed appellants that failure to provide the requested documentation within ten days could result in dismissal of this appeal.
As of today's date, appellants have not paid the filing fee, filed a docketing statement or an amended notice of appeal, or provided documentation regarding payment for the clerk's record. In fact, appellants have not responded to any of our notices or communicated with the Court regarding this appeal.
Accordingly, on our own motion, we DISMISS this appeal for want of prosecution. See Appendix to Tex.R.App.P. (B)(1)(a); Tex.R.App.P. 5, 25.1(d), 32.1, 37.3(b), 42.3(b), (c).