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Badon v. Post Woods, LLC

Court of Appeals Fifth District of Texas at Dallas
Jun 22, 2017
No. 05-17-00237-CV (Tex. App. Jun. 22, 2017)

Opinion

No. 05-17-00237-CV

06-22-2017

ALBY ROBERT BADON, Appellant v. POST WOODS, LLC, Appellee


On Appeal from the County Court at Law No. 5 Dallas County, Texas
Trial Court Cause No. CC-17-00774-E

MEMORANDUM OPINION

Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart
Opinion by Chief Justice Wright

The filing fee, docketing statement, and clerk's record in this case are past due. By postcard dated March 7, 2017, we notified appellant the $205 filing fee was due. We directed appellant to remit the filing fee within ten days and expressly cautioned appellant that failure to do so would result in dismissal of the appeal. Also by postcard dated March 7, 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. That notice was returned because appellant's address is no longer valid. On April 19, 2017, the clerk's office contacted appellant by telephone in an attempt to obtain a current address. Appellant refused to give the clerk's office a valid address. Consequently, our April 19, 2017 letter informing appellant the clerk's record had not been filed because appellant had not paid for the clerk's record and directing appellant to provide verification of payment or arrangements to pay for the clerk's record or written documentation appellant was entitled to proceed without payment of costs in order to avoid dismissal was likewise returned. To date, appellant has not paid the filing fee, provided the required documentation, provided the Court with a valid address, or 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).

/Carolyn Wright/

CAROLYN WRIGHT

CHIEF JUSTICE 170237F.P05

JUDGMENT

On Appeal from the County Court at Law No. 5, Dallas County, Texas
Trial Court Cause No. CC-17-00774-E.
Opinion delivered by Chief Justice Wright. Justices Lang-Miers and Stoddart participating.

In accordance with this Court's opinion of this date, this appeal is DISMISSED.

It is ORDERED that appellee POST WOODS, LLC recover its costs of this appeal from appellant ALBY ROBERT BADON. Judgment entered June 22, 2017.


Summaries of

Badon v. Post Woods, LLC

Court of Appeals Fifth District of Texas at Dallas
Jun 22, 2017
No. 05-17-00237-CV (Tex. App. Jun. 22, 2017)
Case details for

Badon v. Post Woods, LLC

Case Details

Full title:ALBY ROBERT BADON, Appellant v. POST WOODS, LLC, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Jun 22, 2017

Citations

No. 05-17-00237-CV (Tex. App. Jun. 22, 2017)