Jose Roberto Mora D/B/A Roberto's Big D Tires v. Lisa Hughes and Gerald Hughes

Dismissed and Opinion Filed November 9, 2016.

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-16-01040-CV

JOSE ROBERTO MORA D/B/A ROBERTO'S BIG D TIRES, Appellant V.

LISA HUGHES AND GERALD HUGHES, Appellees

On Appeal from the County Court at Law No. 2 Dallas County, Texas

Trial Court Cause No. CC-16-03404-B MEMORANDUM OPINION

Before Justices Lang, Myers, and Evans Opinion by Justice Evans

The clerk’s record in this case is overdue. By letter dated September 8, 2016, we informed appellant that we received notice from the Dallas County District Clerk that the clerk’s record has not been filed because appellant had not paid or made arrangements to pay the clerk’s fee. We directed appellant to provide verification of payment or arrangements to pay for the clerk’s record or to provide written documentation he had been found entitled to proceed without payment of costs. We cautioned appellant that if the Court did not receive the required documentation within ten days, the Court might dismiss the appeal for want of prosecution. To date, we have not received the requested verification or documentation, and the clerk’s record has not been filed.

Accordingly, we dismiss this appeal. See TEX. R. APP. P. 37.3(b); 42.3(b), (c).

/David Evans/ DAVID EVANS JUSTICE

161040F.P05

Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

JOSE ROBERTO MORA D/B/A On Appeal from the County Court at Law ROBERTO'S BIG D TIRES, Appellant No. 2, Dallas County, Texas Trial Court Cause No. CC-16-03404-B. No. 05-16-01040-CV V. Opinion delivered by Justice Evans, Justices Lang and Myers participating.

LISA HUGHES AND GERALD HUGHES,

Appellees

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

It is ORDERED that appellees LISA HUGHES AND GERALD HUGHES recover their costs of this appeal, if any, from appellant JOSE ROBERTO MORA D/B/A ROBERTO'S BIG D TIRES.

Judgment entered this 9th day of November, 2016.