Order entered March 1, 2013
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-12-01063-CV
HERMAN HAYNES, Appellant
V.
JOHN JONES AND FREEMAN FOOD SERVICE OF DALLAS, INC., Appellees
On Appeal from the 116th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-10-03731
ORDER
Both the clerk’s and the reporter’s records are overdue in this case. By postcard dated
November 26, 2012, we notified the court reporter that the reporter’s record was overdue. We
directed the court reporter to file the record within thirty days. To date, the reporter’s record has
not been filed, nor has the court reporter corresponded with the Court regarding the status of the
record. Also by postcard dated November 26, 2012, we notified the Dallas County District Clerk
that the clerk’s record was overdue. We directed the District Clerk to file the clerk’s record
within thirty days. To date, the clerk’s record has not been filed, nor has the District Clerk
correspond with the Court regarding the status of the record .
Accordingly, this Court ORDERS the Dallas County District Clerk to file, within TEN
DAYS of the date of this order, either the clerk’s record or written verification that appellant has
not been found indigent and has not paid for the record. We notify appellant that if we receive
verification he is not indigent and has not paid for the record, we will, without further notice,
dismiss the appeal for want of prosecution. See TEX. R. APP. P. 37.3(b).
We ORDER Renee Carroll, official court reporter for the 116th Judicial District Court,
to file, within FIFTEEN DAYS of the date of this order, either: (1) the reporter’s record; (2)
written verification that no hearings were recorded; or (3) written verification that appellant has
not been found indigent and has not paid for the record. We notify appellant that if we receive
verification he is not indigent and has not paid for the record, we will order the appeal submitted
without the reporter’s record. See TEX. R. APP. P. 37.3(c).
We DIRECT the Clerk to send copies of this order, by electronic transmission, to the
following persons:
Gary Fitzsimmons
Dallas County District Clerk
Renee Carroll
Official Court Reporter, 116th Judicial District Court
/s/ CAROLYN WRIGHT
CHIEF JUSTICE