Order entered May 17, 2016
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-16-00240-CV
FLEX CAPITAL TRANSPORT, LLC. D/B/A FLEX FRAC OILFIELD AND FLEXFRAC
PROPPANT SAND SUPPLIER, Appellants
V.
MUSKIE PROPPANT LLC, Appellee
On Appeal from the 162nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-14-00869
ORDER
Both the clerk’s and reporter’s records in this case are overdue. By postcard dated March
15, 2016, we notified the 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. Also by postcard dated March 15, 2016, 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.
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 paid for or made arrangements to pay for the record. We notify appellants that if we receive
verification they have not paid for or made arrangements to pay for the record, we will, without
further notice, dismiss the appeal. See TEX. R. APP. P. 37.3(b).
We ORDER Sheretta Martin, official court reporter for the 162nd Judicial District Court,
to file, within TEN 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 appellants have not
paid for or made arrangements to pay for the record. We notify appellants that if we receive
verification they have not requested or paid for or made arrangements to pay for the reporter’s
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:
Felicia Pitre
Dallas County District Clerk
Sheretta Martin
Official Court Reporter, 162nd Judicial District Court
All parties
/s/ ELIZABETH LANG-MIERS
JUSTICE