Opinion
No. 05-17-00337-CV
05-24-2017
STEPHEN SELINGER AND LUBBOCK CONTINUATION, LLC, F/K/A LUBBOCK TOWER, LLC, Appellants v. CARLTON HUGHES, Appellee
On Appeal from the 296th Judicial District Court Collin County, Texas
Trial Court Cause No. 296-02131-2013
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart
Opinion by Chief Justice Wright
The clerk's record in this case is overdue. After the district clerk's office informed the Court that the clerk's record had not been filed because appellants had not paid the fee, we sent appellants a letter on April 17, 2017, instructing them to file, within ten days, written verification that they had paid or made arrangements to pay the fee for the clerk's record or written documentation that they have been found entitled to proceed without payment of costs. We cautioned appellants that failure to comply may result in dismissal of the appeal for want of prosecution. See TEX. R. APP. P. 37.3(b). As of today's date, appellants have not filed a response.
Additionally, appellants were notified by postcard dated April 4, 2017 that the Court's $205 filing fee had not been paid. We instructed appellants to pay the fee within ten days and cautioned them that failure to do so may result in dismissal of the appeal. As of today's date, the filing fee has not been paid. By letter dated April 20, 2017, we instructed appellants to file, by May 1, 2017, a response to appellee's motion to dismiss on the basis of bankruptcy discharge. As of today's date, appellants have not complied.
In light of appellants' failures noted above, we dismiss this appeal for want of prosecution. See TEX. R. APP. P. 37.3(b) & 42.3(b), (c).
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE 170337F.P05
JUDGMENT
On Appeal from the 296th Judicial District Court, Collin County, Texas
Trial Court Cause No. 296-02131-2013.
Opinion delivered by Chief Justice Wright, Justices Lang-Miers and Stoddart participating.
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee CARLTON HUGHES recover his costs of this appeal, if any, from appellants STEPHEN SELINGER AND LUBBOCK CONTINUATION, LLC, F/K/A LUBBOCK TOWER, LLC. Judgment entered May 24, 2017.