Dismissed and Opinion Filed July 1, 2013

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01063-CV HERMAN HAYNES, Appellant V. JOHN JONES, FREEMAN FOOD SERVICE OF DALLAS, INC., Appellees On Appeal from the 116th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-10-03731 MEMORANDUM OPINION Before Chief Justice Wright, Justices Lang-Miers and Justice Lewis Opinion by Chief Justice Wright The clerk’s record in this case is overdue. By letter dated March 11, 2013, we informed appellant that we had been notified by the Dallas County District Clerk that the clerk’s record in this case had been prepared but 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 the Court with written verification that he had either paid for or made arrangements to pay for the clerk’s record within ten days. We cautioned appellant that if we did not receive the required verification, we might dismiss the appeal without further notice. To date, we have not received the required verification or any correspondence concerning the status of the clerk’s record.

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

/Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE 121063F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT HERMAN HAYNES, Appellant On Appeal from the 116th Judicial District Court, Dallas County, Texas No. 05-12-01063-CV V. Trial Court Cause No. DC-10-03731.

Opinion delivered by Chief Justice Wright.

JOHN JONES and FREEMAN FOOD Justices Lang-Miers and Lewis participating.

SERVICE OF DALLAS, INC., Appellees In accordance with this Court’s opinion of this date, this appeal is DISMISSED.

It is ORDERED that appellees JOHN JONES and FREEMAN FOOD SERVICE OF DALLAS, INC. recover their costs of this appeal from appellant HERMAN HAYNES.

Judgment entered July 1, 2013

/Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE

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