Court of Civil Appeals of Texas, 2014

Mark McCay, Deco-Dence L.L.C. & Edwin C. Olsen IV v. the Dallas Morning News, Inc., Lee Hancock, Frances Ann Giron, Denton Publishing Co.

Mark McCay, Deco-Dence L.L.C. & Edwin C. Olsen IV v. the Dallas Morning News, Inc., Lee Hancock, Frances Ann Giron, Denton Publishing Co.
Court of Civil Appeals of Texas · Decided March 12, 2014

Mark McCay, Deco-Dence L.L.C. & Edwin C. Olsen IV v. the Dallas Morning News, Inc., Lee Hancock, Frances Ann Giron, Denton Publishing Co.

Opinion

DISMISS and Opinion Filed March 12, 2014

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-09-00416-CV MARK MCCAY, DECO-DENCE L.L.C., AND EDWIN C. OLSEN IV, Appellants V. THE DALLAS MORNING NEWS, INC., LEE HANCOCK, FRANCES ANN GIRON, DENTON PUBLISHING CO., MARK D. CORNEWETT, AND COWLES & THOMPSON, P.C., Appellees On Appeal from the 116th Judicial District Court Dallas County, Texas Trial Court Cause No. 07-08599-E MEMORANDUM OPINION Before Justices Moseley, Francis, and Lang Opinion by Justice Francis In an order dated January 23, 2014, the Court reinstated this appeal having received notice that the bankruptcy proceeding involving one of the appellants had been closed. We ordered the Dallas County District Clerk to file, by February 24, 2014, either the clerk’s record or written verification that appellants had not requested its preparation or made payment arrangements. We cautioned appellants that if the Court received written verification of no request or no payment, we would dismiss the appeal without further notice.

On February 24, 2014, the Court received written verification from the Dallas County District Clerk that appellants had not requested the clerk’s record. Accordingly, we dismiss the appeal for want of prosecution. See TEX. R. APP. P. 42.3(b).

/Molly Francis/ 090416F.P05 MOLLY FRANCIS JUSTICE

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT MARK MCCAY, DECO-DENCE L.L.C., On Appeal from the 116th Judicial District AND EDWIN C. OLSEN IV, Appellants Court, Dallas County, Texas.

Trial Court Cause No. 07-08599-E.

No. 05-09-00416-CV V. Opinion delivered by Justice Francis.

Justices Moseley and Lang, participating.

THE DALLAS MORNING NEWS, INC., LEE HANCOCK, FRANCES ANN GIRON, DENTON PUBLISHING CO., MARK D. CORNEWETT, AND COWLES & THOMPSON, P.C., Appellees In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

It is ORDERED that appellees, THE DALLAS MORNING NEWS, INC., LEE HANCOCK, FRANCES ANN GIRON, DENTON PUBLISHING CO., MARK D.

CORNEWETT, AND COWLES & THOMPSON, P.C., recover their costs of this appeal from appellants, MARK MCCAY, DECO-DENCE L.L.C., AND EDWIN C. OLSEN IV.

Judgment entered March 12, 2014

/Molly Francis/ MOLLY FRANCIS JUSTICE

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