Association of Taxicab Operators, USA and Kelly D. Hollingsworth and K. Hollingsworth & Assoc., P.C. v. Walaal Corporation D/B/A Ambassador Cab, Farhan Riyale, Bashir Salah, E.P.D.A., Inc. D/B/A Alamo Cab, Tesfai H. Sbahtu, D.E.C.D.A., Inc. D/B/A Starcab, Girma Wolde-Rufael, Bekele Kidane
Order entered September 9, 2016
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-16-00534-CV
ASSOCIATION OF TAXICAB OPERATORS, USA, ET AL., Appellants
V.
WALAAL CORPORATION D/B/A AMBASSADOR CAB, Appellees
On Appeal from the 134th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-14-03638
ORDER
The clerk’s and reporter’s records are overdue. By order dated August 2, 2016, we
instructed the Dallas County District Clerk, to file, within twenty days, either the clerk’s record
or written verification that appellants have not paid or made arrangements to pay the clerk’s fee.
On August 4, 2016, the District Clerk provided written verification that appellants have not paid
the fee for preparation of the record. On September 6, 2016, the Court received “Appellants’
Supplemental Report on Status of Payment for Clerk’s Record.” Appellants inform the Court
that they have reached a payment plan with the District Clerk’s office. Pursuant to the payment
plan, appellants will make an initial payment of $765 and payments of $255 in each of the next
three months. We construe this document as a motion for an extension of time to file the clerk’s
record. We GRANT the motion to the extent that we extend the time to file the clerk’s record
to DECEMBER 9, 2016. We caution appellants that if the clerk’s record is not filed by
DECEMBER 9, 2016, the Court may dismiss the appeal for want of prosecution without further
notice. See TEX. R. APP. P. 37.3(b).
In the same August 2, 2016 order, we ordered Vielica Dobbins, Official Court Reporter
for the 134th Judicial District Court, to file, within twenty days, either the reporter’s record,
written verification that no hearings were recorded, or written verification that appellants have
not paid or made arrangements to pay for the reporter’s record. As of today’s date, neither the
reporter’s record nor either of the requested written verifications has been filed.
We again ORDER Ms. Dobbins 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, (3)
written verification that appellants have not requested preparation of the reporter’s record, or (4)
written verification that appellants have not paid or made arrangements to pay for the reporter’s
record. We caution appellants that if we receive written verification that no hearings were
recorded or written verification of no request or no payment, we will order the appeal submitted
without the reporter’s record. See TEX. R. APP. P. 37.3(c).
We DIRECT the Clerk of this Court to send a copy of this order to Ms. Pitre, Ms.
Dobbins, and counsel for all parties.
/s/ ELIZABETH LANG-MIERS
JUSTICE