Opinion
No. 05-17-00587-CV
08-28-2017
WYDE AND ASSOCIATES, LLC AND DAN L. WYDE, Appellants v. JAMES E. FRANCESCONI AND TATIANNA FRANCESCONI, Appellees
On Appeal from the 469th Judicial District Court Collin County, Texas
Trial Court Cause No. 469-50787-2014
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Francis, and Justice Stoddart
Opinion by Chief Justice Wright
Before the Court is appellee Tatianna Francesconi's motion to dismiss the appeal for want of prosecution. The clerk's record in this case is past due. By letter dated July 24, 2017, we notified appellants that the Collin County District Clerk informed the Court that the clerk's record has not been filed because appellants have not paid or made arrangements to pay the clerk's fee. We directed appellants to provide, within ten days, written verification of payment or arrangements to pay for the clerk's record or to provide written documentation that they have been found entitled to proceed without payment of costs. We cautioned appellants that if the Court did not receive the required documentation within ten days, the Court might dismiss the appeal for want of prosecution. See TEX. R. APP. P. 37.3(b). To date, the clerk's record has not been filed and appellants have not filed a response or otherwise corresponded with the Court regarding the status of this appeal.
Accordingly, we grant appellee's motion and dismiss this appeal. See TEX. R. APP. P. 37.3(b); 42.3(b), (c).
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE 170587F.P05
JUDGMENT
On Appeal from the 469th Judicial District Court, Collin County, Texas
Trial Court Cause No. 469-50787-2014.
Opinion delivered by Chief Justice Wright. Justices Francis and Stoddart participating.
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellees JAMES E. FRANCESCONI AND TATIANNA FRANCESCONI recover their costs of this appeal from appellants WYDE AND ASSOCIATES, LLC AND DAN L. WYDE. Judgment entered August 28, 2017.