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Kirby v. Mier-Jedrzejowicz

Court of Appeals Fifth District of Texas at Dallas
Feb 5, 2015
No. 05-14-01117-CV (Tex. App. Feb. 5, 2015)

Opinion

No. 05-14-01117-CV

02-05-2015

KENNY KIRBY, Appellant v. EDWARD MIER-JEDRZEJOWICZ, Appellee


On Appeal from the County Court at Law No. 5 Dallas County, Texas
Trial Court Cause No. CC-13-03458-E

MEMORANDUM OPINION

Before Justices Francis, Lang-Miers, and Whitehill
Opinion by Justice Whitehill

The filing fee, docketing statement, and clerk's record in this case are past due. By postcard dated September 2, 2014 we notified appellant the $195 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 September 2, 2014, we notified appellant the docketing statement had not been filed in this case. We directed appellant to file the docketing statement within ten days. We cautioned appellant that failure to do so might result in dismissal of this appeal. By letter dated September 18, 2014, we informed appellant the clerk's record had not been filed because appellant had not paid for or made arrangements to pay for the clerk's record. We directed appellant to provide verification of payment or arrangements to pay for the clerk's record or written documentation that appellant had been found to be entitled to proceed without payment of costs. We cautioned appellant that failure to do so would result in the dismissal of this appeal without further notice. To date, appellant has not paid the filing fee, filed the docketing statement, provided the required documentation, 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). 141117F.P05

/Bill Whitehill/

BILL WHITEHILL

JUSTICE

JUDGMENT

On Appeal from the County Court at Law No. 5, Dallas County, Texas
Trial Court Cause No. CC-13-03458-E.
Opinion delivered by Justice Whitehill. Justices Francis and Lang-Miers participating.

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

It is ORDERED that appellee EDWARD MIER-JEDRZEJOWICZ recover his costs of this appeal from appellant KENNY KIRBY.


Summaries of

Kirby v. Mier-Jedrzejowicz

Court of Appeals Fifth District of Texas at Dallas
Feb 5, 2015
No. 05-14-01117-CV (Tex. App. Feb. 5, 2015)
Case details for

Kirby v. Mier-Jedrzejowicz

Case Details

Full title:KENNY KIRBY, Appellant v. EDWARD MIER-JEDRZEJOWICZ, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Feb 5, 2015

Citations

No. 05-14-01117-CV (Tex. App. Feb. 5, 2015)