Maria E. Alcantara v. Ah4r-Tx, Llc

Dismiss and Opinion Filed March 4, 2014 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00985-CV MARIA E. ALCANTARA, Appellant V. AH4R-TX, LLC, A DELAWARE LIMITED LIABILITY COMPANY, Appellee On Appeal from the County Court at Law Rockwall County, Texas Trial Court Cause No. C113-058 MEMORANDUM OPINION Before Chief Justice Wright and Justices Lang-Miers and Brown Opinion by Chief Justice Wright Since filing her notice of appeal and affidavit of indigence in July 2012, appellant has taken no action in this appeal. She failed to appear on two separate dates for hearings scheduled on the court reporter’s contest to her affidavit of indigence, resulting in the contest being sustained and the affidavit denied by the trial court. She also failed to respond to our February 5, 2014 letter cautioning her that, unless she paid the $175 appellate filing fee and the fee for the clerk’s record by February 20, 2014, her appeal would be dismissed. See TEX. R. APP. P. 37.3(b), 42.3(b),(c). Accordingly, based on appellant’s failure to prosecute and comply with our directives, we dismiss the appeal. See TEX. R. APP. P. 37.3(b), 42.3(b),(c). /Carolyn Wright/ 130985F.P05 CAROLYN WRIGHT CHIEF JUSTICE S Court of Appeals Fifth District of Texas at Dallas JUDGMENT MARIA E. ALCANTARA, Appellant On Appeal from the County Court at Law, Rockwall County, Texas No. 05-13-00985-CV V. Trial Court Cause No. C113-058. Opinion delivered by Chief Justice Wright. AH4R-TX, LLC, A DELAWARE LIMITED Justices Lang-Miers and Brown participating. LIABILITY COMPANY, Appellee In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER that appellee AH4R-TX, LLC, a Delaware Limited Liability Company, recover its costs, if any, of this appeal from appellant Maria E. Alcantara. Judgment entered March 4, 2014 /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE –2–