DISMISS; Opinion Filed July 5, 2013.

SIn The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01392-CV JOSE ANGEL HERNANDEZ, Appellant V. YADI'S WESTERN DISTRIBUTOR, INC., Appellee On Appeal from the 193rd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-11-10157 MEMORANDUM OPINION Before Justices Moseley, Bridges, and Lang-Miers Opinion by Justice Moseley The clerk’s record in this case is overdue. By letter dated April 19, 2013 we informed appellant that the District Clerk had notified the Court that 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 file written verification that he had paid for or made arrangements to pay for the clerk’s record or that he had been found entitled to proceed without payment of costs. We cautioned appellant that if he did not file the required documentation within ten days, we might dismiss the appeal without further notice. To date, appellant has not provided the required documentation or otherwise corresponded with the Court regarding the status of the clerk’s record.

Accordingly, we dismiss this appeal. See TEX. R. APP. P. 37.3(b).

/Jim Moseley/ JIM MOSELEY JUSTICE

121392F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT JOSE ANGEL HERNANDEZ, Appellant On Appeal from the 193rd Judicial District Court, Dallas County, Texas No. 05-12-01392-CV V. Trial Court Cause No. DC-11-10157.

Opinion delivered by Justice Moseley.

YADI'S WESTERN DISTRIBUTOR, INC., Justices Bridges and Lang-Miers Appellee participating.

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

It is ORDERED that appellee YADI'S WESTERN DISTRIBUTOR, INC. recover its costs of this appeal from appellant JOSE ANGEL HERNANDEZ.

Judgment entered this 5th day of July, 2013.

/Jim Moseley/ JIM MOSELEY JUSTICE

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