Dismiss and Opinion Filed February 26, 2014
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-00250-CV
ELIZABETH REBELES, HOLLINGSWORTH SAND & GRAVEL, LLC, AND KELLY
D. HOLLINGSWORTH, Appellants
V.
B & R SYSTEMS, INC., Appellee
On Appeal from the 14th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-11-10674
MEMORANDUM OPINION
Before Chief Justice Wright and Justices Lang-Miers and Brown
Opinion by Chief Justice Wright
The appellate filing fee in this appeal has not been paid despite appellants being directed
three times to pay the fee, given more than ten days to do so, and cautioned that their appeal
could be dismissed for failure to comply. Appellants have also failed to file a brief, again despite
being directed to do so, given additional time to do so, and cautioned their appeal would be
dismissed.
Because nothing in our records reflects appellants are excused by statute or rule from
paying the filing fee, they have failed to pay those fees, and have failed to file a brief, we dismiss
the appeal. See id. 38.8(a)(1), 42.3(b), (c).
130250F.P05 /Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
–2–
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
ELIZABETH REBELES, On Appeal from the 14th Judicial District
HOLLINGSWORTH SAND & GRAVEL, Court, Dallas County, Texas
LLC AND KELLY D. Trial Court Cause No. DC-11-10674.
HOLLINGSWORTH, Appellants Opinion delivered by Chief Justice Wright.
Justices Lang-Miers and Brown
No. 05-13-00250-CV V. participating.
B & R SYSTEMS, INC., Appellee
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
We ORDER that appellee B & R Systems, Inc. recover its costs, if any, of this appeal
from appellants Elizabeth Rebeles, Hollingsworth Sand & Gravel, LLC and Kelly D.
Hollingsworth.
Judgment entered February 26, 2014
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
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