Court of Civil Appeals of Texas, 2015

DeAngelo P. Boston v. Darrell D. Butler

DeAngelo P. Boston v. Darrell D. Butler
Court of Civil Appeals of Texas · Decided August 5, 2015

DeAngelo P. Boston v. Darrell D. Butler

Opinion

DISMISS; and Opinion Filed August 5, 2015.

In The Qtourt of Appeals lliiftlf llistrict of Wexas at llallas No. 05-15-00641-CV DEANGELO P. BOSTON, Appellant v. DARRELL D. BUTLER, Appellee On Appeal from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. CC-15-02064-E MEMORANDUM OPINION Before Chief Justice Wright and Justices Lang-Miers and Stoddart Opinion by Chief Justice Wright Appellant filed a notice of appeal from the trial court's judgment. On May 18, 2015, appellant filed an affidavit of indigence in the trial court. The Dallas County Clerk's May 18, 2015 contest to the affidavit of indigence was sustained by written order on May 28,2015. By letter dated May 19, 2015, we directed appellant to pay the $195 filing fee for the appeal. By letter dated July 15, 2015, the Court notified appellant that the Dallas County Clerk had informed us appellant had not paid or made payment arrangements for the clerk's record. Appellant has not responded to either letter, the filing fee has not been paid, and the clerk's record has not been filed.

RECEIVED IN COURT OF APPEALS, 5th DIST SEP r 2 2015 LISA IVIATZ CLERK, 5th DISTRICl Accordingly, we dismiss the appeal for want of prosecution. See TEX. R. APP. P. 37.3(b), 42.3(c).

/Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE

150641F.P05

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C!tnurf nf 1\pp eal.s 1J1ift111Hstrict nf Wexan at italian JUDGMENT DEANGELO P. BOSTON, Appellant On Appeal from the County Court at Law No. 5, Dallas County, Texas No.OS-15-00641-CV V. Trial Court Cause No. CC-15-02064-E.

Opinion delivered by Chief Justice Wright, DARRELL D. BUTLER, Appellee Justices Lang-Miers and Stoddart participating.

In accordance with this Court's opinion of this date, we DISMISS the appeal for want of prosecution. We ORDER that appellee Darrell D. Butler recover his costs ofthis appeal from appellant Deangelo P. Boston.

Judgment entered this 5th day of August, 2015.

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