Donny Joe Curry v. Amanda Henderson, Timothy Linden, Joel Littlefield, Randy Meeks, and Duncan Thomas

Dismissed and Opinion Filed July 6, 2016 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-00125-CV DONNY JOE CURRY, Appellant V. AMANDA HENDERSON, TIMOTHY LINDEN, JOEL LITTLEFIELD, RANDY MEEKS, AND DUNCAN THOMAS, Appellees On Appeal from the 354th Judicial District Court Hunt County, Texas Trial Court Cause No. 82343 MEMORANDUM OPINION Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart Opinion by Chief Justice Wright The filing fee and docketing statement in this case are past due. By postcard dated February 8, 2016 we notified appellant the $205 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 February 8, 2016, 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. On March 16, 2016, the clerk’s record was filed. The clerk’s record does not show appellant filed an affidavit of indigency regarding this appeal. By letter dated March 21, 2016, we notified appellant the reporter’s record had not been filed because appellant either had not requested the reporter’s record or had not paid for or made arrangements to pay for the record. We directed appellant to provide the Court with written verification he had paid for or made arrangements to pay for the record, or had been found entitled to proceed without payment of costs. We cautioned appellant that failure to provide the required documentation within ten days might result in the appeal being ordered submitted without the reporter’s record. By postcard date May 11, 2016, we sent a second request for the $205 filing fee. 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 without further notice. To date, appellant has not paid the filing fee, filed the docketing statement, 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). /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE 160125F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT DONNY JOE CURRY, Appellant On Appeal from the 354th Judicial District Court, Hunt County, Texas No. 05-16-00125-CV V. Trial Court Cause No. 82343. Opinion delivered by Chief Justice Wright. AMANDA HENDERSON, TIMOTHY Justices Lang-Miers and Stoddart LINDEN, JOEL LITTLEFIELD, RANDY participating. MEEKS, AND DUNCAN THOMAS, Appellees In accordance with this Court’s opinion of this date, this appeal is DISMISSED. It is ORDERED that appellees AMANDA HENDERSON, TIMOTHY LINDEN, JOEL LITTLEFIELD, RANDY MEEKS, AND DUNCAN THOMAS recover their costs of this appeal from appellant DONNY JOE CURRY. Judgment entered July 6, 2016. –3–