Willow Bend Commercial Properties, LTD. v. Paragon General Contractors, Inc.

DISMISS; and Opinion Filed April 24, 2014. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01638-CV WILLOW BEND COMMERCIAL PROPERTIES, LTD., ET AL., Appellants V. PARAGON GENERAL CONTRACTORS, INC., ET AL., Appellees On Appeal from the 162nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-06-12931 MEMORANDUM OPINION Before Chief Justice Wright, and Justices Bridges and Lang-Miers Opinion by Justice Lang-Miers The clerk’s record in this case is overdue. By order dated January 15, 2014, we granted appellants’ motion to extend time to file the clerk’s record and ordered the record filed by February 14, 2014. By letter dated February 18, 2014, we informed appellants 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 appellants had not paid for or made arrangements to pay for the clerk’s record. We directed appellants to provide the Court with written verification that they had paid for or made arrangements to pay for the clerk’s record within ten days. We cautioned appellants that if we did not receive the required verification, we might dismiss the appeal without further notice. To date, the clerk’s record has not been filed, and appellants have not provided the required verification or otherwise corresponded with the Court regarding the status of the clerk’s record. Accordingly, we dismiss this appeal. See TEX. R. APP. P. 37.3(b); 42.3(b), (c). /Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE 131638F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT WILLOW BEND COMMERCIAL On Appeal from the 162nd Judicial District PROPERTIES, LTD., ET AL., Appellants Court, Dallas County, Texas Trial Court Cause No. DC-06-12931. No. 05-13-01638-CV V. Opinion delivered by Justice Lang-Miers. Chief Justice Wright and Justice Bridges PARAGON GENERAL CONTRACTORS, participating. INC., ET AL., Appellees In accordance with this Court’s opinion of this date, this appeal is DISMISSED. It is ORDERED that appellees PARAGON GENERAL CONTRACTORS, INC., JONES & BOYD, INC., AND GARY MORGAN WILLIAMS/ARCHITECT recover their costs of this appeal from appellants WILLOW BEND COMMERCIAL PROPERTIES, LTD., WILLOW BEND COMMERCIAL MANAGEMENT, LLC, AND R.D.BEOUGHTER, DDS, PA, D/B/A/ WILLOW BEND DENTAL. Judgment entered this 24th day of April, 2014. /Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE –3–