Orea Davis Jr. v. Kroger Texas LP

DISMISS; and Opinion Filed April 2, 2014. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00009-CV OREA DAVIS JR., Appellant V. KROGER TEXAS LP, Appellee On Appeal from the 160th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-12-02897 MEMORANDUM OPINION Before Chief Justice Wright, and Justices Lang-Miers and Brown Opinion by Justice Brown The filing fee, docketing statement, and clerk’s record in this case are past due. By postcard dated January 2, 2014 we notified appellant the $195 filing fee was due. We directed appellant to remit the filing fee within ten days and expressly cautioned appellant that failure to do so would result in dismissal of the appeal. Also by postcard dated January 2, 2014, we notified appellant the docketing statement had not been filed in this case. We directed appellant to file the docketing statement within ten days. We cautioned appellant that failure to do so might result in dismissal of this appeal. By letter dated January 7, 2014, we informed appellant the clerk’s record had not been filed because appellant had not paid for the clerk’s record. We directed appellant to provide verification of payment or arrangements to pay for the clerk’s record or to provide written documentation that he had been found entitled to proceed without payment of costs. We cautioned appellant that failure to do so would result in the dismissal of this appeal without further notice. To date, appellant has not paid the filing fee, filed the docketing statement, provided the required documentation, or otherwise corresponded with the Court regarding the status of this appeal. Accordingly, we dismiss this appeal. See TEX. R. APP. P. 37.3(b); 42.3(b), (c). /Ada Brown/ ADA BROWN JUSTICE 140009F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT OREA DAVIS JR., Appellant On Appeal from the 160th Judicial District Court, Dallas County, Texas No. 05-14-00009-CV V. Trial Court Cause No. DC-12-02897. Opinion delivered by Justice Brown. Chief KROGER TEXAS LP, Appellee Justice Wright and Justice Lang-Miers participating. In accordance with this Court’s opinion of this date, this appeal is DISMISSED. It is ORDERED that appellee KROGER TEXAS LP recover its costs of this appeal from appellant OREA DAVIS JR. Judgment entered this 2nd day of April, 2014. /Ada Brown/ ADA BROWN JUSTICE –3–