DISMISS; Opinion Filed April 24, 2014.

Court of Appeals S In The

Fifth District of Texas at Dallas No. 05-13-01755-CV LDM INVESTMENTS, INC. D/B/A LDM DESIGN AND CONSTRUCTION, Appellant V. SHAUN GANJI, Appellee On Appeal from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. DC13-01986 MEMORANDUM OPINION Before Justices Fillmore, Evans, and Lewis Opinion by Justice Evans Appellee has moved to dismiss this appeal for want of prosecution. See TEX. R. APP. P. 42.3 (b). Appellee notes the clerk’s record has not been filed because appellant has failed to pay for it. See id. 35.3(a). Appellee further notes that, despite being cautioned that the appeal could be dismissed without further notice if appellant did not file by March 3, 2014 written verification that it had made arrangements to pay for the record or was entitled to proceed without pre- payment of costs, appellant has failed to confirm payment has been made or pre-payment is not required. See id. 37.3(b). 1 Because appellant has failed to file the requested verification, nothing in our records reflect appellant is entitled to proceed without pre-payment of costs, and appellant

Additionally, appellee notes that the trial court granted a motion for new trial, and the matter is currently pending before the trial court.

Appellee, however, did not attach a copy of the order granting the motion for new trial and does not move to dismiss for want of jurisdiction. has taken no action in the appeal since filing the notice of appeal, we grant appellee’s motion and dismiss the appeal. See id. 37.3(b), 42.3(b).

/David Evans/ DAVID EVANS JUSTICE 131755F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT LDM INVESTMENTS, INC. D/B/A LDM On Appeal from the 191st Judicial District DESIGN AND CONSTRUCTION, Court, Dallas County, Texas Appellant Trial Court Cause No. DC-13-01986.

Opinion delivered by Justice Evans.

No. 05-13-01755-CV V. Justices Fillmore and Lewis participating.

SHAUN GANJI, Appellee In accordance with this Court’s opinion of this date, we DISMISS the appeal.

We ORDER that appellee Shaun Ganji recover his costs of this appeal from appellant LDM Investments, Inc. d/b/a LDM Design and Construction.

Judgment entered this 24th day of April, 2014.

/David Evans/ DAVID EVANS JUSTICE

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